June 20, 2016 — The family of a 4 year-old boy who was paralyzed in a car accident while sitting in a forward-facing car seat has been awarded $34 million by a federal jury in Texas.
The lawsuit was filed by Nicole Hinson on behalf of her son, Cayden, who was injured in a Dorel Safety 1st Summit car seat.
Dorel Juvenile Group was accused of negligence for failing to warn about the dangerous of putting children under two years old in forward-facing car seats.
In 2011, the American Academy of Pediatrics recommended that children use rear-facing car seats until at least age 2, or when they reach the maximum height and weight for the seat.
The accident that injured Cayden occurred in 2013, when a Chevrolet Suburban crossed the center line and hit the Hinsons’ vehicle head-on.
The boy suffered severe injuries to his spinal cord, head, and face, which resulted in a brain injury. He is also partially paralyzed and will likely never walk.
Cayden Hinson and his family were awarded $12.8 million for medical expenses, $4 million for pain and suffering, $3 million for disfigurement, $3 million for physical impairment, and $1.2 million for loss of earning capacity.
The jury found the driver of the Suburban 20% responsible for his injuries.
In 2014, the Hinsons also sued Wal-Mart for putting two new tires on the front of the Suburban and leaving two worn tires on the rear. They said that caused the vehicle to hydroplane and swerve into them.
When replacing two tires, the ones with the most tread always go on the rear. The rear tires provide stability that is necessary for steering and braking. New tires on the front will disperse water, while worn tires on the rear will literally lift off the road and cause the car to spin out of control — also known as “fishtailing” or “hydroplaning.”
Do I have a Car Seat Lawsuit?
The Schmidt Firm, PLLC is currently accepting car seat induced injury cases in all 50 states. If your child was injured in a defective car seat, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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