- Trial Date Set For Defective Child Seat Lawsuit
- September 23, 2016
- Law Firm: The Cochran Firm DC - Washington Office
A Florida judge recently set an August 2017 trial date for a lawsuit brought against a car seat manufacturer claiming the defendant produced a defectively designed product which caused irreparable harm to the plaintiff’s child. The now five-year old child was seriously injured in a July 2014 car crash near Interstate 295 in Florida when she was ejected from her car seat.
The suit claims Ohio-based Evenflo designed and marketed a child seat too big for children the size of the victim. Attorneys for the plaintiff claim Evenflo marketed a booster-type car seat which utilizes the car’s seat belt when the more appropriate restraint would have featured a five-point harness.
Evenflo allegedly ignored recommendations from the American Academy of Pediatrics and the U.S. National Highway Traffic Safety Administration about best practices for design of child safety car seats. Attorneys for the plaintiff believe had the defendant followed industry standards, the catastrophic accident would never have happened.
Products liability attorneys
When manufacturers design and market defective products, they rarely accept wilful responsibility for their careless actions. All too often, catastrophic injury victims and their families are left to pick up the pieces of their lives while wrongdoers work as hard as possible to skirt liability.
Fortunately, the law gives personal injury victims the right to hold these negligent parties accountable for their reckless behavior and file product liability lawsuits to recover compensation for the harm they suffered. While Washington DC personal injury lawyers The Cochran Firm, D.C. is not representing any of the parties in this particular case, our firm regularly provides legal help to victims harmed by negligently designed and manufactured products.
Elements of a personal injury lawsuit
One of the main aspects of a personal injury lawsuit goes to foreseeability: did the allegedly negligent party know or should have known their product could cause injury? Defendants in product liability and personal injury cases will do their best to try and prove they could not have possibly known their product or actions could be harmful to others but having an experienced personal injury attorney on one’s side can help dispel those defenses and show courts the truth of the matter.
To prevail in a personal injury lawsuit, plaintiffs must also prove four key elements:
- Duty - The defendant knew or should have known their actions could cause injury and owed the plaintiff a duty to act accordingly
- Breach - Despite knowing the risk of injury or damage, the defendant breached his or her duty by engaging in negligent behavior
- Cause - The defendant’s negligence was the proximate cause of the victim’s injury
- Damages - Plaintiffs must suffer damages (pain and suffering, monetary loss)