Car seats help protect young children when riding in a car. While modern vehicles are reasonably safe, the safety features are designed for adults. A seat belt works most efficiently when the person wearing it weighs approximately 100 pounds or more and is more than about five feet tall. Airbags are similarly designed to function best with someone who isn’t a child.
Thankfully, car seats allow children to safely ride in a car as long as the seat is used properly. Unfortunately, when a car seat is defective, it can result in the child’s suffering injuries that the seat was designed to prevent. If your child was a victim of a car seat defect, you need a defective car seat attorney to help you get compensation for the injuries your child suffered. A settlement or verdict can help you pay for medical expenses and other losses.
Car Seat Laws in Maryland
Explanation from a Car Seat Defect Attorney
If you are involved in a car accident in Maryland and your child is injured in the accident, there are several questions your defective car seat attorney will ask before deciding how to proceed with your case. One of the most important questions is whether you were using the car seat properly and obeying the law. You can file a defective product lawsuit against the company that made the car seat only if you were using the car seat properly by following weight, height, and installation recommendations.
In Maryland, state law requires all children under eight years old to sit in a properly adjusted car seat. The law provides an exception for children taller than four feet nine inches. But if your child isn’t that tall, they need to be strapped into a car seat whenever the car is moving. Additionally, car seats come in different sizes that support children of different weights and heights. If your child is sitting in a seat that is not designed to support their height or weight, you are improperly using the product. This means that even if the product is defective, your actions could make you partially or primarily responsible for any injuries your child suffered.
Why Choose Us?
Car Seat Defect Attorneys in Maryland
Attorney Steven Heisler has been representing injured clients since he graduated from law school more than three decades ago. He is caring and level-headed and understands the hardships that the average person deals with every day. No hardship is more devastating than watching your child get seriously hurt. Steven Heisler fights for parents of children who have been injured due to the negligence of manufacturers. He is familiar with all state laws and protections granted to consumers. Heisler has helped thousands of clients over the years, getting results that help them and their children move forward with their lives.
Contributory Negligence and Defective Car Seats
Maryland uses contributory negligence to determine whether you can get compensation from a personal injury claim. This means that you can get compensation only if you are not in any way responsible for the injury your child suffered. This means that you need to use the car seat as instructed. It also means that you could be prevented from getting compensation if you are responsible for the car accident. Even if you were using the car seat properly, lawyers for the manufacturer will probably try to prove that you were responsible for the car accident. When you contact our legal team, we will gather evidence that shows you were not responsible for the accident and thus can legally get compensation from the manufacturer of the car seat.
Was your child seriously injured because of a defect in a car seat? The manufacturer may be responsible for compensating you for the harm to your child. Contact our law firm at (410) 625-4878 as soon as possible to discuss your case with a car defect lawyer who cares.
Frequently Asked Questions
Luckily, most people will never be involved in a car accident where they or a loved one suffers serious injuries. If you are unlucky enough to be in the minority who will, you are almost certain to have lots of questions about your legal options and how your case will proceed. We have collected the most common questions we receive when someone’s child is hurt due to a defective car seat and share them with you here.
How much will a defective car seat attorney in Maryland cost me?
At our law firm, we take all product defect cases on contingency. That means we get paid only if we successfully get you money for your claim. If we can’t, you never have to pay us for our services. If we get you money, we will take a percentage of your winnings as our fee. Either way, you end up with at least as much money as you started with, and usually more.
Can I file a lawsuit if there was a recall for the car seat?
You might be able to sue the manufacturer even if there was a recall. A recall is effective only if the manufacturer makes a good-faith effort to contact the consumers who purchased the product. If you were never notified that the product was defective, you couldn’t have known it was unsafe to use. Alternatively, if a retailer sold you the product after the recall was issued, you may be able to sue the retailer. It should have known about the defect and not sold you the product.
How long do I have to file a car seat defect lawsuit in Maryland?
According to state law, you have three years from the date that your child was injured to file a lawsuit against the manufacturer in a car seat defect lawsuit. If you wait more than three years, your case will be dismissed, and you will lose all legal options for getting money from the negligent party. Furthermore, the insurance company will typically refuse to offer a settlement after the time limit has passed.
Do I have to go to trial to get compensation after my child is injured by a defective car seat?
Probably not. While you will likely have to file a lawsuit against the manufacturer to get their attention, you probably won’t have to go to trial. Most lawsuits are resolved through a negotiated settlement before a trial even starts. This saves money for the manufacturer and gets you the money from the settlement more quickly than you would get it if you had to wait until the end of a trial.
Do I need a lawyer if the manufacturer acknowledges its liability and offers me a settlement?
Technically, no, but you should probably hire a lawyer anyway. Often, settlement offers are for significantly less money than they should be for. Accepting a settlement usually prevents you from taking any other legal action against the party that paid you. When you hire our law firm, we will determine whether a settlement offer is fair and prevent you from accepting any unfair offers.
If you still have questions after reading these FAQs, just ask any questions you have during your free consultation. We are always eager to answer questions from potential clients and will make sure you are informed of your options.
Contact Steven H. Heisler, The Injury Lawyer
If your child was seriously injured due to a defective car seat, you may be eligible to get compensation for their injuries.
Want to know more? Contact our law firm at (410) 625-4878 today to schedule a free consultation with an experienced personal injury lawyer in Maryland who will answer all of your questions.
Attorney Steve Heisler
Steve Heisler decided in 1996 that he was going to focus his law practice exclusively on injury cases. Since then, he has been representing injured people against insurance companies, disreputable medical practitioners and Big Pharma, and doing it with compassion, honesty and level-headed rationality. [ Attorney Bio ]
