Child Car Seat Lawsuit

In 1963, the Minnesota legislature passed the “seat belt gag rule,” which prohibits the introduction of any evidence of seatbelt usage or non-usage in a personal-injury action arising from a motor-vehicle accident (Minn. Stat. § 169.685, subd. 4(a) (2004)). An exception was later added to the statute for actions for "damages arising out of an incident that involves a defectively designed, manufactured, installed, or operating" child passenger restraint system. This was intended as an exception for product liability cases.

A June 2007 Minnesota Supreme Court ruling has broadened the interpretation of this exception beyond product liability cases to include incidents that involve a parent’s “negligent installation and maintenance” of their child’s car seat. In the case before the court, a child sued his parents after the child was injured in a car accident in which his mother was driving. His father had negligently secured him in the car seat. Because the exception applied to this case, the child could recover compensation for injuries due to the negligent installation and maintenance of his car seat from the parents' auto insurance company.

If your child is injured in a car accident, the lawyers at PritzkerOlsen, P.A. have extensive experience in car accident and product liability litigation. If your child is represented by the firm, we will aggressively pursue compensation from all possible sources. This may include the manufacturer of the child’s car seat and your insurance company if you were driving or owned the vehicle.

To contact a car accident lawyer at PritzkerOlsen, P.A., please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

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