Evenflo Booster Seat Lawsuit
EA ProPublica-CBS News investigation has found that the Evenflo Big Kid Booster performed better with a full harness than with just the seat, which only has a shoulder restraint, and that the crash test dummy slipped out of the booster during at least 1 test.
The American Academy of Pediatrics recommends that children who weigh 40 pounds or less should not be placed in booster seats, and are safer in car seats that use harnesses to hold their small bodies in place.
Evenflo markets the Big Kid Booster as safe for children who weigh 30 pounds or more, claiming the boosters are “side-impact tested” without warning that children may be at an increased risk of serious injury.
New York Couple Sues Evenflo for Booster Seat Injuries
A man and woman from Long Island, New York, filed a lawsuit against Evenflo after a car crash involving their two young daughters, Jillian and Samantha. Jillian was strapped inside an Evenflo Big Kid Booster Seat despite weighing just 37 pounds when the accident occurred. She is now paralyzed from the neck down and requires a ventilator to breathe. Samantha was in a different car seat and fully recovered.
Do I Have an Evenflo Big Kid Booster Seat Lawsuit?
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Evenflo Big Kid Booster Seat Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
If your child or other loved one has been harmed by a booster seat, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.
An alarming new ProPublica report finds that Evenflo, one of the largest sellers of booster seats, ignored safety recommendations that it stop marketing seats for children under 40 pounds. In side-impact safety tests, child-size crash dummies’ bodies were thrown in ways that, the company’s top booster-seat engineer later admitted, could cause catastrophic head, neck, and spinal injuries, or even death, in real child passengers. Nevertheless, Evenflo continued to market its products as safe.
Though child-safety testing laws were enacted by Congress nearly 20 years ago, those requirements ask only that products pass head-on-collision tests — not side-impact crashes. As such, booster-seat-makers are enabled to create their own safety tests, the standards for which may be shockingly subpar. In Evenflo’s case, reports ProPublica, tests were only considered “failed” if the child crash dummies ended up on the floor, or the seat broke into pieces.
In response to the ProPublica story,
Evenflo general counsel Amy Blankenship stated that the company “has records of hundreds of accidents in which children seated in Big Kid boosters were unscathed or received only minor injuries ‘unrelated to the car seat,’” and that even in severe accidents, “the injuries of a child weighing less than 40 pounds would be no different from a child who weighs more” as long as the child was properly positioned in the booster seat.
Devastating consumer experiences challenge that argument. Jillian Brown, a then-5-year-old, almost 37-pound girl, was in the back seat in an Evenflo Big Kid booster seat when the car’s driver, her mother, was T-boned by another car. Jillian suffered what medical experts call an “internal decapitation,” leaving her paralyzed from the neck down, needing 24-hour care. The Browns are now suing Evenflo.
Years earlier, two families sued Evenflo when their own children suffered a similarly severe injury (traumatic brain injury in one case and internal decapitation in another) in side-impact crashes involving Big Kid booster seats. The company continued to sell boosters for small children, and Blankenship told ProPublica that “bad driving” is the cause of the outcomes in the lawsuits mentioned.
Contact an Attorney
Jim Glaser Law is one of the premier personal injury law firms in Boston, Massachusetts with offices in Sharon and Cambridge. Our law firm specializes in practice areas such as workers’ compensation, auto accidents, motorcycle accidents and wrongful death. To schedule a consultation with Jim Glaser Law, please give us a call at 1-877-342-5252 or complete our contact inquiry form. Our firm serves injured people across Massachusetts, Rhode Island and New Hampshire.