A Florida judge in Duval County has set a trial date for August next year against the makers of the Ohio-based Evenflo, a car seat manufacturer accused of improperly recommending car seats that are too big for some children. The lawsuit was filed on behalf of a 5-year-old girl who was severely and permanently injured in a 2014 crash in Jacksonville on I-295.
According to News4Jax, plaintiffs in this product liability lawsuit allege the manufacturer was negligent on several fronts. Among those: Designing, testing, developing, making and marketing a product that fails to provide sufficient protection to child occupants in the event of a collision. Specifically, the booster seat the manufacturer produced was marketed to children under 40 pounds. However, the seat didn’t incorporate a five-point harness system, which would strap the children in over the shoulders, around their waist and between their legs. Instead, this was simply an over the shoulder and lap belt, which plaintiffs assert is not adequate protection for a child under 40 pounds.
Plaintiffs allege the actions of this manufacturer run counter to the recommendations of both the National Highway Traffic Safety Administration (NHTSA) and the American Academy of Pediatrics. Had the child been in a seat with a five-point harness, plaintiffs say, she would have been spared her terrible injuries. Evenflo rejects plaintiffs assertions, with a spokeswoman saying that while she could not comment on the particulars of the case, the booster seat in question – Evenflo Big Kid booster – has been sold for more than 10 years and reportedly has a solid safety rating that is compliant with government safety standards in the U.S. and Canada. Continue reading