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LITIGATION HISTORY + RECENT EVENTS

Most personal injury litigation is settled out of court. Manufacturers generally carry standard casualty insurance and have additional self-managed polices. Due to the private out of court settlement nature of most cases, litigation history is difficult to assess and liability costs are difficult to quantify. However, in 2003 the Missouri Court of Appeals Eastern District provided insight by awarding a plaintiff $10.5 million as a result of an injury sustained in a car accident involving a child “properly restrained in a child restraint seat,” Dorel Industries v. Uxa, case #ED81192. Below are some of the relevant points sited in this case.

• The car seat did not provide adequate protection….from a side impact collision.
  
  
• The seat was a substantial factor in causing the plaintiff’s brain injuries.
  
  
• The Dorel Seat is essentially the same as the other seats on the market in terms of basic design and underlying technology
  
  
• The Dorel seat is defective and unreasonably dangerous

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