Evenflo Big Kid Booster Seat Inadequate Side-Impact Test Results Class Action

A number of cases have been filed recently in various states taking issue with Evenflo Big Kid booster car seats. The cases have now been assigned MDL number 2938. MDL stands for Multi-District Litigation, meaning that these cases are now being considered together, as they all make similar allegations against car seat maker Evenflo.

The Nationwide Class for this action is all persons living in the US who bought an Evenflo Big Kid booster seat between February 21, 2007 and the present. A New York State Class has also been proposed.

The federal government has established safety testing standards for the “crashworthiness” of children’s car seats in head-on collisions. However, no standards exist for crashworthiness in side-impact collisions.

According to the complaint, Evenflo misrepresents the safety of its booster seats. The complaint says Evenflo marketed the Big Kid booster seat as being “appropriate for children weighing less than 40 pounds,” saying that it “has been side-impact tested, and ‘meets or exceeds all applicable federal safety standards and Evenflo’s side-impact standards.’”

The complaint claims that this marketing has been deceptive and misleading, “as the use of booster seats by children weighing less than 40 pounds is in direct contravention to the safety recommendations of the [American Academy of Pediatrics], and further, there is no federal safety standard or test governing side impact for car seats.”

According to the complaint, however, Evenflo created its own test “and then proceeded to consistently give itself a passing grade” and claim the booster seat was “side impact tested.”

The idea behind booster seats is to raise the child to a position where the existing seatbelts can adequately restrain them in the event of a crash. The complaint says, “To get the full safety benefit in a crash, the adult seatbelt has to remain on the strong parts of a child’s body…”

Unfortunately, videos from Evenflo’s Big Kid seat crash testing “show child-sized dummies careening far outside the boundaries of the booster seat, where a child’s head, neck and spine would be vulnerable.” They also “showed the belt slipped off the shoulder and wound up taut around the soft abdomen and ribs. In real life, that could cause internal organ damage.”

Even worse, the complaint alleges that Evenflo “has consistently given its own Booster Seat a passing grade by setting its internal test bar so low that[] the only way to fail the test was if the child-sized crash test dummy ended up on the floor or the Booster Seat itself broke into pieces.”

The complaint alleges that an Evenflo safety engineer tried repeatedly to get the company’s executives to stop selling the seat for children who weighed less than 40 pounds and advised them to raise the age rating to four years old. Repeatedly, a marketing executive vetoed this.

The complaint alleges breaches of warranties, fraudulent concealment, and violation of consumer protection laws.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Evenflo Big Kid Booster Seat Inadequate Side-Impact Test Results Complaint

February 25, 2020

A number of cases have been filed recently in various states taking issue with Evenflo Big Kid booster car seats. The cases have now been assigned MDL number 2938. MDL stands for Multi-District Litigation, meaning that these cases are now being considered together, as they all make similar allegations against car seat maker Evenflo.

Evenflo Big Kid Booster Seat Inadequate Side-Impact Test Result Complaint

Case Event History

Evenflo Big Kid Booster Seat Inadequate Side-Impact Test Results Complaint

February 25, 2020

A number of cases have been filed recently in various states taking issue with Evenflo Big Kid booster car seats. The cases have now been assigned MDL number 2938. MDL stands for Multi-District Litigation, meaning that these cases are now being considered together, as they all make similar allegations against car seat maker Evenflo.

Evenflo Big Kid Booster Seat Inadequate Side-Impact Test Result Complaint
Tags: Breach of warranty, Child Car Seat, Defective Product, Fraudulent Concealment