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Filing a Booster Seat Lawsuit in Georgia

January 09, 2018

Montlick & Associates Examines How to File a Defective Booster Seat Lawsuit in Georgia

Automobile accidents have the potential to result in significant injury or even death, to any driver or passenger involved.  When it comes to our children, however, injury and death seem unfathomable, especially because our children have so much to look forward to in their young lives. 

In the unfortunate event that your child has suffered serious injury or death from involvement in an automobile accident, it is crucial that you consider all of your options.  If your child was placed in a booster seat at the time of the accident, there’s a possibility that you have a lawsuit against not only another driver, but perhaps against the manufacturer of the booster seat if it turns out that the booster seat was defective in some way, and that the defect somehow contributed to your child’s injuries.

When pursuing a lawsuit in the state of Georgia, parents can file a tort action on behalf of their child.  Many torts are accidental, but some are intentional.  When it comes to automobile accidents and booster seats, the likely causes of action that parents pursue are (1) product liability; (2) personal injury; and (3) wrongful death, in the event that the child died from his or her injuries.

Various Claims in a Georgia Booster Seat Lawsuit

  • Product liability – By definition, product liability is “the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.”  This is a strict liability tort that holds the seller or manufacturer accountable for a defective product passed on to the consumer.  Product liability torts for defective booster seats are generally filed in conjunction with personal injury or wrongful death claims, because the defective product has negligently harmed the child who was relying on the booster seat for protection.  Official Code of Georgia Annotated (O.C.G.A.) § 51-1-11.1.

  • Personal injury – Damages for personal injury, generally, must be recovered in one lawsuit that is inclusive of “past, present, and future” damages, such as medical bills already incurred and future medical expenses anticipated, as well as future earnings.  Injured parties can bring tort action against a person or business that has inflicted harm upon them.  When a child has been injured because a booster seat didn’t perform correctly, a cause of action can result.  O.C.G.A. § 51-1-11.

  • Wrongful death – This is defined as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.”  Surviving family members can file this tort against a person or business whose actions caused the death of a loved one.  It is especially sad when a parent must bring a wrongful death action against the manufacturer of a booster seat because the manufacturer’s product failed to ensure the safe nature of the booster seat as promised. O.C.G.A. § 51-4-2.

If your child’s booster seat failed to protect him (or her) in the event of a crash, it is important to contact one of our attorneys as soon as possible.  

Put Our Law Firm's Over 38 Years Of Legal Experience To Work For Your Case!

If you or a loved one has been injured in any type of accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with our experienced Accident Lawyers in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 38 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333 

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.