Evenflo Big Kid Booster Seat Side-Impact Dangers Class Action

“In 2018, side-impact crashes were responsible for more than a quarter of deaths in vehicle collisions of children under 15.” So says an early paragraph of the complaint for this class action against Evenflo Company, Inc. and its children’s booster seats. The complaint says that the company touted the side-impact testing of its booster seats, but alleges that the testing has little to do with real-world side-impact conditions.

The Multistate Class proposed for this action is all persons in any state who bought an Evenflo “Big Kid” booster seat between 2008 and the present. Michigan and Texas Subclasses have also been proposed.

Federal law requires the use of car seats and booster seats for younger children. While the federal government has established rules for such seats’ “crashworthiness” in head-on collisions, neither it nor the individual states have set forth rules for the testing of seats in side-impact situations. Parents can only take manufacturers’ words on the design and performance of their seats in side-impact crashes.

According to the complaint, Evenflo misrepresents the safety of its booster seats. “Specifically, Evenflo prominently markets one of its most popular products, the ‘Big Kid’ booster seat, as ‘side impact tested’ and, until recently as safe for children as light as 30 pounds.”

Are these claims true? No, says the complaint: “Evenflo’s own testing demonstrates that the Big Kid booster seat leaves children—especially those under 40 poungs—vulnerable to serious head, neck, and spine injuries in a side-impact crash.”

The complaint says, “On its website and in its marketing, Evenflo tells parents and guardians that its inhouse side-impact testing is ‘rigorous,’ simulates realistic conditions, and is equivalent to federal testing. In reality, Evenflo’s tests are anything but: videos reveal that when child-size crash dummies seated in Big Kid booster sears are subjected to the forces of a T-bone collision, they are thrown far out of their shoulder belts.”

What’s even worse, the complaint says that “the bar for ‘passing’ Evenflo’s testing is so low that there are only two ways to fail: (1) if a child-sized dummy ends up on the floor or (2) the booster seat itself breaks into pieces.”

Following that is a rather alarming still from a video, showing a child-sized dummy, post-crash, with its bottom still securely in a side-leaning booster seat but its head well outside the seat and in a position that clearly suggests neck or head injuries. The complaint alleges, “Evenflo’s top booster seat engineer has admitted that when children move in the manner depicted in the video, they can suffer catastrophic head, neck and spinal injuries, or die.”

According to the complaint, Evenflo has sold more than 18 million of these booster seats.

The complaint alleges fraudulent concealment and violation of state consumer protection laws.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Evenflo Big Kid Booster Seat Side-Impact Dangers Complaint

February 14, 2020

“In 2018, side-impact crashes were responsible for more than a quarter of deaths in vehicle collisions of children under 15.” So says the complaint for this class action against Evenflo Company, Inc. and its children’s booster seats. The complaint alleges that the company’s side-impact testing has little to do with real-world side-impact conditions.

Evenflo Big Kid Booster Seat Side-Impact Dangers Complaint

Case Event History

Evenflo Big Kid Booster Seat Side-Impact Dangers Complaint

February 14, 2020

“In 2018, side-impact crashes were responsible for more than a quarter of deaths in vehicle collisions of children under 15.” So says the complaint for this class action against Evenflo Company, Inc. and its children’s booster seats. The complaint alleges that the company’s side-impact testing has little to do with real-world side-impact conditions.

Evenflo Big Kid Booster Seat Side-Impact Dangers Complaint
Tags: Child Car Seat, Defective Product, Fraudulent Concealment