For parents, protecting their kids is essential every time they get in the car. While driving in Knoxville, Karns, Powell, Halls, Fountain City, and surrounding areas, kids always need to be buckled into car seats. Car seats unquestionably save lives, and around a third of kids 13 and under killed in motor vehicle wrecks are not buckled in or in a seat belt at the time of the incident.
In some cases, however, car seats may not work the way they should. When this happens, a personal injury lawyer should be consulted to pursue a claim against the manufacturer of the defective car seat. Car seat manufacturers have a duty to the public to thoroughly test car seats and make sure they are safe. If it turns out that a car seat that is being sold has a defect, manufacturers have an obligation to take prompt action to remove the car seat from the market via a recall. Unfortunately, this does not always occur.
NHTSA Investigating Delay in Car Seat Recall
Just recently, the National Highway Traffic Safety Administration (NHTSA) has started an investigation into Graco, one of the nation’s leading manufacturers of car seats. The NHTSA prompted Graco to recall around six million car seats. The car seats allegedly had a problem with the buckle that would cause the buckle to become stuck in the latched position. This undermined the car seats effectiveness and presented an “unreasonable risk”
When problems like a defective buckle or other issues affect the safety of a car seat, the NHTSA must be notified by the manufacturer. For car seat makers and the manufacturers of other car parts, the NTHSA requires the companies provide notification of issues within a five day period from the time when the problem is discovered.
The NHTSA alleges that Graco knew of the problem with the buckle for a long time before noticing the agency. If this turns out to be the case, then Graco will face civil fines assessed by the NHTSA. Currently, Congress has set the maximum fine for the failure to report defects at $35 million. However, this amount may be insufficient to encourage companies to actually come forward in a timely manner to resolve problems.
The Grow America Act is a four year reauthorization bill currently being considered that is likely to come up for a vote soon. One of the provisions within this bill is a plan to change the congressionally mandated maximum fine to $300 million. This, obviously, is a significant increase in civil penalties that a company could face.
The current penalty may not be large enough to be effective at convincing companies to act quickly. If the fines are raised, then car seat manufacturers and car makers will have more incentive to comply with NHTSA rules and alert the agency to problems in a timely manner in order to avoid the larger penalties.
Any penalties assessed by the NHTSA are separate from the damages that may be obtained in a legal action if parents file suit because their kids are hurt by the car seat defect.
Knoxville accident lawyer can help collision victims. Contact G. Turner Howard III, Attorney at Law at (844) G3-Help-Me or 865-558-8030. Serving Karns, Powell, Halls, Fountain City, and surrounding areas throughout Knoxville.
