Litigating Child Restraint Cases
- Author: Joseph W. Moch, Arthur Borja
- ISBN 10: 0-884500-94-2
- ISBN 13: 978-0-884500-94-0
- Copyright Date Ed: October 4, 1993
- Pages: 575 pages
- Binding Information: Hardcover
- Size: 6 ✕ 9 Inches (US)
Rising auto accident fatalities and injuries have made this book a necessary part of any library for personal injury and product liability lawyers, and accident reconstructionists. This book provides a broad overview of all aspects of litigation involving child restraint devices right down to sample forms to guide you step-by-step from the first client interview to the settlement or trial.
Table of Contents
Chapter 1. Introduction to Child Restraint Devices
Historical Analysis
What Are Child Restraint Devices?
Types of Child Restraints
Infant Carriers
Convertible Car Seats
Toddler Car Seats or Child Restraints
Booster Car Seats
Integrated Car Seats
Summary
Chapter 2. Use, Misuse, and Defects Associated with Child Restraint Devices
How Are Child Restraints Used?
Three-Point Versus Five-Point Child Restraint Systems
Testing of Child Restraints
How the Testing Sled Works
Misuse of Child Restraints
Selecting a Child Restraint
Formula for Effective Child Restraint in Vehicles
Chapter 3. Federal Legislation
Background
Federal Motor Vehicle Safety Standards
Standard No. 208: Occupant Crash Protection
Federal Preemption of State Common Law Claims
Alternatives to Current Federal and State Laws
Chapter 4. Current State Legislation
Development of Child Restraint Legislation
Perfecting and Standardizing Child Restraint Legislation
Current State Laws
Chapter 5. Trends in Legislation
Chapter 6. Recalls and Defects
Recalls
Chapter 7. Taking on the Child Restraint Case
Initial Interview
Client Intake Sheet
Accident/Injury Information
Employment Information
Military Information
Educational Background
Prior Injuries or Claims
Medical Information
Spouse's Employment Information
Personal Injury Cases and Contingency Fees
Retainer Contract: Contingency
Rejecting the Claim
Hourly Attorney Fee Retainer Contract
File Organization
Investigating the Case: Starting with the Vehicle
Physics 101
Types of Crashes
Solving the Puzzle
Notice to Defendant
Filing the Complaint
Sample Complaint
Representative Cases
Chapter 8. Discovery in Defective Child Restraint Cases
Interrogatories State Restrictions on Interrogatories
Sample Interrogatories
Depositions: Preparing the Client Purpose of Depositions
Appearance at Deposition
How to Be an Effective Witness
Chapter 9. Child Restraints In Commercial Aircraft
Introduction
The FAA Decision
New Legislation
The FAA's Head Injury Standard
New Designs
Conclusion
Chapter 10. Considering the Automobile Manufacturers
Chapter 11. Technological Innovations vConclusion
Chapter 12. Probate Issues: Dealing with Minors and Wrongful Death
Next Friend Appointment Petition
Appointment Petition
Chapter 13. Patents
Representative Child Safety Seat Patents
Appendix
Glossary of Technical Terms
Advocate Groups
Manufacturers
1993 Child Passenger Safety Symposium
Bibliography
Cases
Law Reviews
Government Documents
Periodicals
FAA Articles
Newspaper List
