A family is suing the company EvenFlo, maker of baby products, for the death of their seven month old child. The suit comes after the mother and her son, Issac, were in a car accident. Issac’s mother was changing lanes and had to overcorrect herself. The overcorrection made her lose control of her car, causing it to flip over. Issac was in his EvenFlo car seat at the time and was properly belted in and secure. Unfortunately, the car seat ejected from the car when the car flipped over, resulting in Issac’s death.
EvenFlo isn’t unaccustomed to lawsuits. Just two months before Issac’s family filed a suit against EvenFlo, a $10.4 million jury verdict was set against the company for a defective car seat that caused a four month old boy to die of head injuries. The NHTSA has since recalled this car seat, the “On My Way” model.
When a company puts out a defective product, they are liable for injuries or death that is caused by such defect. If you or a loved one has been injured because of a product’s defect, please call the Law Offices of Moseley Collins. I will be able to explain your options and give you the help and advice you seek.
All manufacturers are supposed to account for what is known as “foreseeable uses.” This includes both safe and somewhat unsafe driving practices. Manufacturers need to anticipate that you might drive at a speed that is higher than the limit, so the car should not explode if you reach 90 miles per hour. Additionally, you may need to stop suddenly to avoid a collision, so your brakes should be able to withstand the pressure and help you stop your vehicle.
In some instanced of manufacturer defect, both the plaintiff and the defendant will share what is known as comparative negligence. Sure, you shouldn’t have been going 90 miles per hour in a 60-speed limit zone, but the car still shouldn’t have exploded either.
Manufacturers have a duty to their buyers. They need to make their cars safe and drivable for all. Anything less is unacceptable.
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