Personal Injury Lawyer Blog

Infant Thrown From Car After Safety Seat Breaks - Monday, April 14, 2008

The death of any child is tragic, but knowing that death was avoidable is just too much to bear. Four-month-old Tyler Malcomb died after his mother swerved to avoid a driver who was passing her Suburban illegally. The Evenflo-manufactured child safety seat broke in the SUV rollover accident. When the incident occurred, the "On My Way" seat broke off, and Tyler was ejected about 60 feet from the site of the incident.

What makes this tragedy even worse is that Evenflo's own internal tests show that the hooks cracked or failed at least 20% percent of the time in crash testing. The manufacturer was fully aware that in certain accidents 1 in 4 children's seat hooks would not hold up and keep the baby safe. They knew they had a defective product, yet they kept it on the market.

The Malcombs were awarded $6.7 million in compensatory damages and $3.7 million in punitive damages. This was the largest wrongful death settlement in Montana's history.

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