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Child car seats have suffered from poor design and construction
starting with the early "hook over the seat" models. Difficult
installation and poorly worded instructions have plagued parents.
Although U.S. car seat manufacturers have made some improvements, child
seat inadequacies are well documented.(3) In the short term, recent
developments in Federal Motor Vehicle Safety Standard (FMVSS) 213 will
cause even more confusion associated with these seats.
Child car seats suffer from common problems, many of which surface
in every child car seat case. To achieve proper protection for a child,
the seat must have all its important parts, it must be installed
properly, and the child must be harnessed properly in the seat.
The parts necessary for proper seat function and protection of the
child are a shoulder harness clip, a locking clip, and a top tether strap. The shoulder harness clip,
adjusted at about armpit level or
above, ensures that the harness will remain on the child's
shoulders while the child is sitting in the seat and during the dynamic
phase of a collision. The locking clip is used to secure the seat belt
in vehicles where an automatic locking retractor is not in use (pre-1996
model year vehicles). The top tether is not currently supplied with many
forward-facing car seats, nor is the vehicle-attaching hardware, but its
use helps to reduce excursion and maintain the car seat in place and
upright. This substantially reduces the effects of misuse.(4)
The outer shell should resist deformation, and the inner shell or
padding should absorb energy and cushion. The seat should not slide or
tip forward or sideways to an unreasonable extent. The harnessing system
should not allow for excessive ejection of the child, nor should it play
Many infant seats employ a fixed base that remains in the vehicle
when the infant seat is removed. Customer complaints to the National
Highway Traffic Safety Administration (NHTSA) and crash tests reveal
that under crash conditions the seats can come loose from the base and
project the child and the seat.(6)
The shoulder harness cuts across the child's face or neck and,
as a consequence, the harness is often placed under the child's arm
or behind his or her back. Sometimes the belt is not worn at all.(9)
Fatal injuries have resulted from seat belts positioned under the arm,
and "lap belt syndrome" injuries have been documented in the
medical literature for 40 years.(10)
harness anchors have been feasible for well over 20 years, and
automakers have been free to use them to protect young passengers.(11)
Only recently has NHTSA required their use. In 1994, FMVSS 208 was
amended to require that seat belts installed for adjustable seats be
integrated with the seat or equipped with a means of adjustability.
Not until the early 1990s when Volvo and Chrysler provided
belt-positioning booster seats did automakers direct time and attention
to the proper restraint of this age group. Currently, seven
manufacturers offer integrated child restraints in 31 vehicle models.
Unfortunately, citing poor sales, some manufacturers, including
Chrysler, are retreating from the integrated child seats.(15) Trial
advocates are urged to consider these alternative designs when faced
with a case involving serious injury to a child in this age group.
Lap belts
Lap belts still exist in center front and center rear seats in many
vehicles and can occupy numerous positions in sport utility vehicles,
minivans, and station wagons. Parents are faced with the difficult
choice of which child to place in the vehicle lap belt when transporting
a full passenger load.
The center front seat is most often occupied by children, given the
average hip room of about 11 inches between ends of the lap belt. This,
coupled with the fact that the seat is often formed by the mating of the
two front "bucket" seats, results in no anti-submarining pan
and a seat back made out of armrests, which renders the position very
dangerous.
Airbags
In one case, the child received the blow directly from bag contact,
suggesting the head had extended over the top of the back of the car
seat. Usually the accident's delta V, the speed change the vehicle
experienced as a result of the accident, was 12 mph or less. In four
cases, the back supports of the infant restraints were badly
fractured.(21)
Recent developments
The final rule will most likely contain a reduction in the amount
of head excursion permitted during dynamic testing of child car seats.
NHTSA believes this requirement will have the effect of requiring child
car seats to be equipped with an upper tether strap. Motor vehicles will
be required to incorporate into two rear vehicle seating positions the
specialized anchoring system and tether attachments.(26)
There are about 70 models of child car seats on the market. Over
400 different models have been sold over the years. Think of matching
old seats with new cars, old cars with new seats, and the doubling of
already lengthy instruction booklets.
Defenses
Many common defense issues are present in these cases whether the
There are many complex legal and technical issues in these cases,
and there are many sources to help in their preparation.
Notes
(6.) For complaints, results of crash tests, and more, visit the
NHTSA Web site at http://www.nhtsa. dot.gov.
(15.) Lisa Zagaroli, Built-in Child Seats Fall Out of Favor, DET.
NEWS, Oct. 16, 1998, at A1.
(16.) A.P. Burdi et al., Infants and Children in the Adult World of
Automobile Safety Design: Pediatric and Anatomical Consideration for
Design of Child Restraints, 2 BIOMECHANICS 267 (1969).
(18.) See Bonita Brodt, Father, Son Share Each Other ... and the
Pain, CHI. TRIB., Dec. 11,1988, at 61; Roger Clendening, Accident Takes
Lives, ST. PETERSBURG TIMES., Dec. 24, 1995 (Hernando Times), at 3.
(28.) http://www_nrd.nhtsa.dot.gov/bio_and_trauma/ciren_final.htm.
If the family comes for legal help some time after the collision or
the child is deceased, school health records, pediatrician records, or
measurements taken to fit wheelchairs or other apparatus can provide
close to the same information. This information is critical whether the
child was in a seat belt or a car seat.
injury, the last thing on the parents' minds is preserving the car
seat. Most often the child is taken to the hospital in the seat. The
hospital may store the seat with the child's effects or turn the
seat over to a relative or friend. Trace this path immediately and, if
possible, get the seat.
If the child seat is not a current model, you may be able to locate
an old seat through garage sales, newspaper ads, volunteer groups that
supply child seats, or other child seat organizations. The National
Highway Traffic Safety Administration has compiled labeling and
instructions that accompanied older model child restraints. Also, child
seat manufacturers maintain the carton labeling in their archives.
--Susan Lister