The safety of our children is paramount for any parent or guardian. Fortunately, Arizona has strict child passenger safety laws designed to protect our youngest travelers’ lives. These laws outline specific guidelines and requirements, such as how all children age eight and younger must be secured in an appropriate booster seat. Regular seat belts could cause small children to suffer severe injuries, which is why the booster seat buckles across the chest.
If you are in an accident, it is imperative your booster seat product functions properly and does not contribute to your child’s injuries. An experienced attorney may be able to help you hold the negligent driver and booster seat manufacturer accountable for their losses. At Feller & Wendt, our attorneys are dedicated to helping car accident victims and their families pursue justice after an accident. We understand the toll a child injury can take and will handle every aspect of your claim as you focus on your family.
Understanding Arizona’s Child Passenger Safety Laws
Under Arizona law, children must remain in a booster seat in any motor vehicle until they are eight years old and four feet and nine inches tall. These milestones must be reached before a child forgo a booster seat, with school buses being the only exception to this rule. After the child has reached the appropriate age and height, they must always wear a seatbelt. Those who fail to secure their children properly may be subject to a $50 fine. However, this penalty can be waived if you show you have acquired and installed an appropriate booster seat for your child.
If you are in an accident and your child is not secured correctly, you still may be eligible for compensation under Arizona’s comparative negligence rule. These laws allow victims to be compensated proportionately to their level of fault. For example, if you are found to be 20% responsible for your child’s injuries because they were not in an appropriate booster seat, but the driver who hit you was 80% responsible, you would be able to recover 80% of the total possible damages. This rule allows plaintiffs to recover damages for their losses even if they are not entirely blameless for the accident. An experienced attorney can review your accident and help you understand how this rule applies to your case.
Can the Booster Seat Manufacturer Be Held Liable for My Child’s Injuries?
If the defective and dangerous booster seat was the chief cause of your child’s injuries, you may have grounds to file a product liability claim against the seat manufacturer. A few examples of negligence that can lead to manufacturer liability include the following:
- Design defects
- Manufacturing defects
- Failure to include safety warnings and instruction manuals
Your attorney can gather evidence of the negligence and file a claim against the booster seat company. We are committed to holding negligent manufacturers fully accountable for your child’s losses.
Discuss Your Case With an Experienced Car Accident Attorney at Feller & Wendt
At Feller & Wendt, our attorneys understand the physical, emotional, and financial toll a child injury can take on you and your family. We are here to take the stress of litigation off your shoulders so you can focus on what matters most. Our attorneys have many years of experience and a proven track record of helping our clients recover the maximum amount of compensation available for their injuries and other losses.