child safety

One of the nation’s largest manufacturers of car booster seats is under fire amid allegations it put profits ahead of critical child safety issues.

ProPublica reports that a Congressional subcommittee is opening an investigation to consider whether the company violated the law. The news agency reported earlier this month the results of an investigation that found Evenflo marketed its child car booster seats as side-impact tested, even though company testing had revealed that children using the seats in a side-impact collision could be paralyzed or killed.

Evenflo’s top-selling Big Kid booster seat is marketed for use by older children who are not yet ready for an adult seat and seatbelt. Evenflo, a subsidiary of China-based Goodbaby International Holdings Ltd., has sold more than 18 million Big Kid boosters. Six other carseat makers currently sell their booster seats for children as small as 30 pounds.

A recent playground injury involving a child reached a state supreme court, which was tasked with considering whether sovereign immunity laws protected defendant school district from liability for allegedly defective equipment.

Sovereign immunity is a legal principle handed down by the English that held the “sovereign” or government could not be held liable for tort actions. The theory is that the government needs to be able to carry out basic function and policies without fear of liability. But this is not absolute. In Florida, there are exceptions under F.S. 768.28, the state’s waiver of sovereign immunity.

Sovereign immunity laws vary from state-to-state. The case in question was weighed by the Colorado Supreme Court, which decided a piece of playground equipment that was not negligently constructed or maintained can’t be considered a “dangerous condition” for purposes of the sovereign immunity exception. Continue reading ›

Articles Tagged with child safety

Child Injuries in Focus after Criticism of Major Booster-Seat Maker

Playground Injuries and the Dangerous Condition Requirement