Has your child’s car seat expired?

We put our young children in car seats to keep them safe and to comply with state law. Missouri law, Section 307.182 RSMo., provides that:

• Children less than 4 years old or less than 40 pounds must be in an appropriate child safety seat.

• Children ages 4 through 7 who weigh at least 40 pounds must be in an appropriate child safety seat or booster seat unless they are 80 pounds or 4’9″ tall.

• Children 8 and over or weighing at least 80 pounds or at least 4’9″ tall are required to be secured by a safety belt or buckled into an appropriate booster seat.

Most parents purchase a car seat, or use a “hand me down” from friends or a previous child, often without knowing that the car seat expired. Car seats have a limited life span and an expiration date because their plastic shell components and Styrofoam core can degrade and warp. Further, the straps and webbing can loosen with time and lose their effectiveness in a crash. Check your child’s car seat expiration date by referring to the owner’s manual, or by checking the back of the seat for an imprinted expiration date. Generally, most car seats expire after five years of use. If you cannot find an expiration date, it is best to purchase a new seat so that you don’t put your child at risk.

Car safety seats should also be replaced, even if the car seat has not expired, if they are damaged in an auto accident. The National Highway Transportation Safety Administration (NHTSA) has a great website with information about car seats and when to replace them. NHTSA recommends that child safety seats be replaced following an auto accident, unless it is a minor crash, which is defined as an accident where ALL of the following criteria are met:

1. The vehicle was able to be driven away from the crash site; and
2. The vehicle door nearest the safety seat was undamaged; and
3. There were no injuries to any of the vehicle occupants; and
4. The air bags (if present) did not deploy; and
5. There is no visible damage to the safety seat.

Please be sure to carefully check your child’s car seats immediately and replace it if it is expired or damaged. If you have been involved in an auto accident, you should check with your insurance company to see if they will help cover the cost of a replacement child safety seat.

Here are some additional car safety seat tips:

1. You should make sure that you are registered with the car seat manufacturer to receive recall notices. You can also enroll for recall information at www.recalls.gov.
2. You should make sure that your child has not outgrown his/her car safety seat. An improperly sized car seat is dangerous in the event of an auto accident.
3. You should make sure that your car seat is properly installed. Read your owners manual (request one from the manufacturer if you don’t have it) and follow the installation directions. You can also check with local law enforcement and/or the Highway Patrol for verification that the car seat is properly installed.

The manufacturers of child car seats are required to manufacture car seats in accordance with government regulations. If you have properly followed all instructions for use of the car seat and your child has still suffered serious or fatal injuries in an accident, you may need legal counsel to see if the car seat manufacturer has complied with federal regulations. Contact the lawyers of Kennedy, Kennedy, Robbins & Yarbro, LC, to speak with our experienced personal injury attorneys to learn more about your legal rights and options.