California Supreme Court's Ruling in Child Car Seat Custody Case is One More Reason Why These Safety Devices are Necessary

July 7, 2012,

In California car seats are not only mandatory for kids under the age of 8 but also they inevitably save lives. At Howard Law, PC, our Anaheim injury lawyers represent the families of children who were hurt in traffic collisions.

But before we proceed to discuss child car seats and how the role they can play in failing to secure a child or infant during a collision can be grounds for a personal injury case, we would like to update all of you with news of the California Supreme Court's recent in the case of two boys who were put into foster care after their sister was killed in a Los Angeles car crash in 2009. The toddler, 18-month-old Valerie, was not using a child safety seat at the time.

The children's dad was driving Valerie to the hospital when the fatal Los Angeles auto collision happened. At the time, they were using someone else's car that did not contain a car seat, so she had to sit on her aunt's lap. Valerie suffered fatal injuries when another vehicle ran a red light and struck the auto they were riding.

Following her death, social workers reported observing signs that her brothers, then age 3 and 8 months, were being neglected at home and the siblings were put in foster care for over a year. Their dad was able to get them back after taking parenting classes but he still decided to bring a case over the matter.

In its decision, the California Supreme ruled that welfare officials can take kids from parents whose negligence caused the death of a daughter or son. The court said that failing to put a child in a car seat is grounds for such removal.

This ruling is just one of the many reasons why young children should be properly secured in a car seat--in addition to the fact that his/her life is placed at risk without this necessary protection in the event of a traffic accident. Depending on who allowed your child to ride in vehicle while not seated in a child safety seat, such negligence may also be grounds for a Los Angeles personal injury lawsuit.

"You need to retain a law firm that knows how to determine who and what caused your Los Angeles child injuries or death," said Anaheim car accident lawyer Vincent Howard. "There may even multiple negligent parties involved that should all pay damages to you and your family."

For example, there is the problem of defective car seats or ones that malfunction and/or didn't come with the proper assembly or operating instructions. Over the years, the Consumer Product Safety Commission has had to recall tens of thousands of faulty child safety seats to keep children safe.

If you believe that your car seat malfunctioned or failed to protect your son or daughter the way it was supposed to, you may be able to file a California car seat lawsuit against the manufacturer.

Common child car seat defects:

• Restraint failure
• Poor construction
• Harness defects
• Shell/base separation
• Design defects

"Seeing as motor vehicle crashes are the leading cause of accidental death to kids under the age of 15, it is important that your child's car seat is free from defects and works properly," said Los Angeles child injury attorney Vincent Howard.

Court backs L.A. County in custody case after child's traffic death, Los Angeles Times, July 6, 2012

California Supreme Court rules in child death case, The Sacramento Bee, July 6, 2012


More Blog Posts:

Santa Ana Pedestrian Accident Caused by Allegedly Drunken Driver Kills 5-Year-Old Pedestrian, Injures Her Mom and Sister, California Injury Lawyers Blog, June 26, 2012

$36.5M Riverside County, California 18-Wheeler Truck Accident Verdict is Awarded to Paralyzed Woman and Her Husband, California Injury Lawyers Blog, July 3, 2012

Santa Ana Car Accident Leaves 6-Year-Old Pedestrian in Critical Condition, California Injury Lawyers Blog, June 19, 2012


You also may have grounds for a Los Angeles car accident case against the driver that caused the collision that injured your child regardless of whether/not a faulty car seat was involved.

To schedule your free case evaluation with Los Angeles car accident attorney Vincent Howard, contact Howard Law PC today.