October 03, 2016

Advertising booster seats as appropriate for children who weigh less than 40 pounds creates a “safety gap” that left one Florida girl with a serious spinal injury, an attorney for the girl’s family says (Back Somoza v. Abbot, Fla. Cir. Ct., No. 16-2015-CA-001596, hearing 9/20/16.)

The Florida suit takes aim at some of car-seat maker Evenflo Co.'s booster seats, which are seats that raise a child to put the car’s seat belt in a better position.

Evenflo’s marketing of the Big Kid belt-positioning and other booster seats for children starting at 30 pounds goes against pediatricians’ and government recommendations as well as some states’ driving laws, attorney Adam Langino told Bloomberg BNA Sept. 22.

Langino, who is at Cohen Milstein Sellers & Toll PLLC in Palm Beach Gardens, Fla., said a regular, forward-facing car seat that provides more protections for lighter weight children would have been better for the 5-year-old whose family he represents.

Booster seats are “a fantastic last step for larger children” before they graduate to normal seat-belt use, but aren’t for smaller children,” he said.

This article originally appeared in Bloomberg BNA.