Bismarck Tribune - North Dakota News - Bismarck family sues car safety seat maker for infant's death

Bismarck family sues car safety seat maker for infant's death

Sep 18, 2007 - 04:03:14 CDT

By DAVE KOLPACK
Associated Press Writer

FARGO - The family of a 7-month-old Bismarck boy killed in a rollover two years ago says a defective child safety seat led to him being ejected from the vehicle.

Relatives of Isaac Eslinger are suing Ohio-based infant equipment manufacturer Evenflo Co. in federal court for at least $75,000. The baby died after the van in which he was riding went into a ditch and overturned.

Phone and e-mail messages to Evenflo officials seeking comment on Monday were not returned. The company is based in Piqua, Ohio.

The rollover happened in September 2005. Authorities said the boy's mother was driving on North Dakota Highway 6 when she swerved into the opposite lane, overcorrected and lost control of the vehicle.

The lawsuit filed by the baby's family said the child was "securely belted" into the child safety seat and that the seat was properly installed in the family's van. The lawsuit alleges Evenflo failed to provide a "safe and appropriate child safety seat."

The lawsuit comes less than two months after a jury ordered Evenflo to pay $10.4 million to the parents of a 4-month-old Montana boy who died of head injuries in a car crash. The award included $3.7 million in punitive damages. That case involved an "On My Way" child seat, while the North Dakota case involves a child seat with the name "Discovery."

Attorneys for the boy's parents in the Montana case said Evenflo has lost at least three cases over its car seats, for a total of $19.6 million. Company officials said they would appeal the Montana verdict, saying the boy died in an "extraordinary car accident" and they did not believe the product was defective.

The National Highway Traffic Safety Administration has proclaimed this week as "Child Passenger Safety Week." About 7,000 lives have been saved by the proper use of child restraints during the past 20 years, the agency said.

Dawn Mayer, the child passenger safety director for the state Health Department, said it's important for parents to have their safety seats checked.

"When it comes to the safety of a child, there is no room for mistakes," Mayer said.

News > State

Printer friendly version Bismarck family sues car safety seat maker for infant's death

Comments

AE. wrote on Oct 25, 2007 6:18 PM:

" I know the Eslinger Family and I know that they would give the world to have their beautiful smiling boy back in their arms. Until you have lived the lives of this family you have no right to say the horrible things that you have said. "

Distgusted wrote on Oct 25, 2007 5:57 PM:

" Totally unbelieveable!! Who are any of you to judge or call this family sue happy??!! You kind of people make my sick! I know this family personally, and all they want is for the other people who use this carseat to get rid of it, use a different brand.... Put yourself in their shoes, bet your life that you would do the same thing!! Don't say you wouldn't because you would. For those of you who say that they are out for money obviously don't have a heart!! All they want is for their son's name and memory to live on!!! I know that their little boy is looking down at them with a big smile on his face! Shame on all of YOU! Live in the lives of these people before you start judging! "

jb wrote on Sep 25, 2007 8:12 PM:

" would you people who are critisizing this mother go buy the same carseat and take that chance with your kids or grandkids. I want to thank her for trying to get this carseat recalled . she has probably saved someones life already. i belive she is doing what any loving parent would do, she may be saving your childs life you people need to applod her for her courage. do you really think she would go through all this for money. she will probably end up spending more than she will get if she gets any. who knows who cares if she saves someones life i think they should give her 75 million. "

? wrote on Sep 25, 2007 4:37 PM:

" WHAT REASON , IF NOT TO SAVE AND PROTECT OUR CHILDREN FROM ACCIDENTS DO WE USE CAR SEATS? NOTHING IS 100% GUARANTEED BUT WE NEED TO REMEMBER 2 PEOPLE WALKED AWAY FROM THIS ACCIDENT, ONE OF WHICH WAS IN A CAR SEAT THAT STAYED IN THE VEHICLE. MOST OF YOU ARE SO QUICK TO JUDGE AND CLAIM YOU KNOW THE ESLINGERS AND THE TRUTH, IF YOU REALLY DID YOU COULD NOT BE SO CRUEL. YOU WOULD KNOW THEY ARE DOING THE RIGHT THING FOR THE RIGHT REASON! PLEASE THINK ABOUT HOW HARSHLY YOU ARE JUDGING THEM, WHICH MUST BE EASY TO DO WHEN YOU DON'T HAVE TO PUT YOUR NAME BEHIND WHAT YOU ARE WRITING. "

the loss wrote on Sep 25, 2007 12:50 PM:

" Things like this are sad but car seats are no different than seat belts or air bags - they are simply designed to help protect you - nothing can protect us 100% no matter how hard we try. "

Soldier wrote on Sep 25, 2007 8:30 AM:

" My only question is what did the family do to ensure that it was the car seats fault? Did they check to see if anything else malfunctioned? Did the seatbelt hold the base unit in place? Was the base unit damaged at all? If not, I would probably guess that the carseat wasn't seated properly to begin with. It is not rocket science to figure out that these carseats are made of plastic and if that kind of force is exerted and strong enough to rid a carseat from the base, something will break. If everything is pointing specifically to the carseat failing then I wish the family good luck and hope for the best. If not, then shame on them for not checking all of the possibilities first. "

its an accident wrote on Sep 24, 2007 9:03 PM:

" It was an accident - tragic as it may be car seats are present to protect children not to prevent any possible type of harm that may come to them - nothing in life can 100% protect them. I'm sorry for the loss but nothing in life is 100% with the exception of spam, death, and taxes. "

Sue Happy wrote on Sep 24, 2007 7:05 PM:

" ...for the same reason people sue restaurants 'cuz their coffee is too hot. "

to hwy 6 wrote on Sep 24, 2007 7:02 PM:

" They are no longer called accidents, they are now called crashes. "

Voice of reason wrote on Sep 24, 2007 4:22 PM:

" I know this family and the truth. I cannot imagine the pain and suffering they have endured, I wouldn't want to. However, since mom fell asleep, is it possible she was too sleepy to secure the seat in the base properly? That's what the company will want to know. And, if other families have not taken suit with this particular car seat model (over the past 2 years), what is the liklihood that it is seat and not operator error. Not attacking the family here, just being logical. No one should suffer as they undoubtedly have, but is it really healing anyone to blame the car seat company? "

Child Passenger Technician wrote on Sep 22, 2007 8:20 PM:

" The best website for car seat recalls is nhtsa.dot.gov (National Highway Traffic Safety Administration. CPSC.gov (Consumer Product Safety Commission) is a great site for non-traffic products (like the lead-based toys). Some car seat recalls are listed on CPSC's website, but only those relating to problems with the handles on infant car seats as they are being carried. When you buy a car seat, remember to send in the registration card, so you will be notified if there are ever recalls on your car seat. "

Socks wrote on Sep 21, 2007 10:15 PM:

" Recalls can be found on www.cpsc.gov "

common sense wrote on Sep 20, 2007 4:50 PM:

" to whoever responded to mom of 2 on sept, 18 @2:31 pm first I would like you to prove that public record anywhere states she fell asleep driving. Second do you know how products get recalled? 1, people file a law suits 2, people win lawsuits 3, the product then is proven faulty and hopefully recalled. The Eslingers are doing what any responsible parent would do. They believe the car seat was faulty for them to sit back and do nothing would be wrong. What they are doing could save many lives!!! "

Child Passenger Technician wrote on Sep 20, 2007 9:48 AM:

" I am a child passenger safety technician who helps with the monthly car seat checks. We recently sent information to the Tribune about recalls on two car seats, hoping it would be printed for consumers to take corrective action if they owned the car seats. The news release was not printed. Unfortunately, car seats do get recalled and we depend on the media to help spread the word. The Eslinger law suit made front page news. However, information that could help prevent injury is ignored. "

smile wrote on Sep 19, 2007 5:49 PM:

" Everybody is entitled to their own opnion....but I wish people could stop and think before they start blurting 'spur of the moment thoughts'. This is a very tragic ordeal and it's sad to see how many people are unsensitive and downright cruel. Every day is a gift, that is why we call it the present. Enjoy and God Bless. "

Justme wrote on Sep 19, 2007 5:20 PM:

" What does this have to do with being religous? I am a christian who goes to mass with my family every Sunday morning. The comments I posted do not make me an un-religious person. And Yes, you are correct the Good Lord up above will be judging me. Ok now, listen to yourself judging me, telling me I'm ignorant because I posted some facts. God apparently had a plan for this little boy, and that was to be with him. Now his family has an angel watching over them. If you would have read what I wrote you would see that I feel bad for the family for their loss. It is just terrible when people think they could sue people all the time. "

Friends wrote on Sep 19, 2007 4:04 PM:

" I have absolutely no doubt that the Eslinger family is faith-filled, responsible, intelligent, loving, and brave beyond measure. Staying committed to bring higher standards to Evenflo and other child safety seat companies for the benefit of all children while merely trying to survive this tragic event is beyond words. Our community's hearts and prayers go out to them. I sincerely commend the Eslinger's for the strength they have. The bible says the Lord can turn suffering into joy. I don't pretend to know this kind of suffering. It's seems impossible to make reason of it. But I believe the little Eslinger boy and the family's pain and suffering will bring "life saving" blessings to others. I'm not a rocket surgeon but I'm smart enough to figure out that is what the lawsuit is all about... get that seat off the market as soon as possible, prevent it from happening again, and bring higher standards to these companies. The "Consumer Reports" testing results on these seats were enormously horrific and totally unacceptable. If it was about the money they would've asked for millions upon millions. Nothing could match the loss they are experiencing. David was little compared to Goliath... that didn't stop God from making him a hero. Their little boy was certainly precious and very little in this big world we live in. God took his life from them and made him a hero for the world to benefit. Maybe peace will come to the Eslinger's by focusing on the fact that their little son is a true "HERO". Submit to the Lord for He must have plans unfathomable to us. Let's not forget the importance of continuing to honor and reflect on all of the joy this little boy brought into this life. I pray the Eslinger's will be blessed with grace and peace. "

to "Justme" wrote on Sep 19, 2007 1:03 PM:

" You are the type of person that comments only because you know that what you are saying is hurtful! And it is obvious that you are not religious if you can type what you did...The mother and the older child came out of the accident without being injured and if the car seat would not have come lose from its base, the infant would have faired the same. It isn't like the van was totally ripped apart. I would have to say that only someone who is extremely ignorant could compare blaming the car seat for the death and blaming the van/tires. You may feel it is your right to pass judgement on the mother, but remember God will be Judging U you "

mommyself wrote on Sep 18, 2007 10:28 PM:

" Amazing, absolutely amazing-thats all I have to say.......no one is arguing the fault of the accident.....thats NOT the issue in this story.........I cannot believe the ignorant, rude, horrible horrible comments made regarding this story.....you should all be extremely ashamed of yourself......I truly hope that you are never in this familys shoes ~ and if you are, then I hope someone talks about you this way and adds more to your grief. I cannot believe the ignorance in todays society, in our own community......what next-would you like to tar and feather the parents? You sound like a lynch mob........ "

Justme wrote on Sep 18, 2007 9:52 PM:

" I feel for this family beings they lost there child. However, it is not the childseat manufacturers fault for the accident. She admitted swearving into the opposite lane and overcorrecting. Was she drunk? Not paying attention?? So it was her fault for the accident. Why is she not being held responsible for the death of her son instead of trying to put the blame on someone else? Why should they be sued? Did she have him properly restrained? Just because this child died does not mean that there is a defect in the car seat. The vehicle ROLLED for crying out loud. What do people expect?? People are way to sue happy this day in age. I'm surprised the family is not suing the van manufacturer as well. They could claim that the van made her go into the ditch and roll. She could say that the van swearved into the opposite lane. How about the tire manufacturer, they could sue them too.This is a sad story, but don't blame someone else. "

LJK wrote on Sep 18, 2007 7:48 PM:

" A product designed for safety must be expected to perform properly. A close friend of mine rolled her vehicle and her infant's car seat provided fantastic protection for her son. She was injured, but her son didn't have a scratch on him. To all you heartless parent-blamers out there: you wouldn't feel so callous about the situation if it were your own. "

rt wrote on Sep 18, 2007 7:21 PM:

" My sincere prayers to the Eslingers. I don't understand why some of the commenters have a problem with the carseat, if the lawsuit would be over a airbag not functioning correctly - there wouldn't be so much negativity. Put it into perspective people!!!! "

Have a heart! wrote on Sep 18, 2007 6:10 PM:

" I too can't believe that there are people out there who can be so heartless. Your support and prayers are what the family needs. To those out there who are perfect, more power to you. Keep your negative comments to yourself. "

Father of 1 wrote on Sep 18, 2007 5:02 PM:

" If those car seats are defective I want them to all be identified and pulled off the shelves. My son's life is very important to me and I am glad to see that they have taken this fight on in an attempt to help save other children. If the product is truly dangerous it shouldn't be available. $75,000 probably won't even cover all of the expenses, so keep your hateful comments to yourself, your child or grandchild may be saved by the outcome of this lawsuit. My prayers are with them. "

hwy6 wrote on Sep 18, 2007 4:26 PM:

" God Bless Issak and the family...I see the cross in the east ditch everyday and I think about the pain the family has (and will continue to )go through. It is called an accident for a reason, I hope you can find closure and help this from happening to another innocent family. "

Always money wrote on Sep 18, 2007 4:08 PM:

" Why are so many of you so fixated on the $75,000? Is that too much for you? Not enough? FYI - That's the amount it takes to bring a case in federal court. It doesn't mean that's what they are suing for. A jury will decide that. This family made a private decision to sue the company. Leave them alone. "

To i aggree. wrote on Sep 18, 2007 3:46 PM:

" I drive on them all the time. It is called defensive driving and being aware of your surrounds. "

No accidents. wrote on Sep 18, 2007 3:43 PM:

" There is no such thing as an accident. All accidents could be avoided. Besides it said she overcorrected and lost control. That is not an accident that is just poor driving. "

to mom of two wrote on Sep 18, 2007 2:41 PM:

" Your wrong it is public record, and why ask for money if all they want to know is if the seat was defective. I do feel sorry for them no parent wants to out live thier child... "

mom2 wrote on Sep 18, 2007 2:31 PM:

" WOW! People can be so harsh, and to those of you who seem to "know" what happened, are you parents, do you have a child, do you know what it is like to lose a child, I would say NOT! Have a heart and show a little respect! How does anyone know what the police report says, and if you really do know, pretty sure its confidential and also pretty sure she did not fall asleep in the middle of the day driving only a few miles!!!! If you don't know the mother, don't say anything at all about her driving, and by the way everyone has accidents. All it takes is a blink of an eye. The Eslingers are a great family and just want the carseat to be recalled and more precautions with future carseats so there are fewer unnecessary deaths, they would take their boy back before they would want any money I am sure, every parent would!! I am disappointed in all the heartless people out there making their accusations and comments. Please think about the family and the innocent child. PLEASE "

mothermyself wrote on Sep 18, 2007 1:16 PM:

" To the "truth" You and so many others are missing the point, it doesn't matter who was at fault for the accident-the parents are not denying that-what they are trying to do is to determine if the carseat could have been faulty........if this had happened to me I would and so would many others want to know....its part of closure....... "

mothermyself wrote on Sep 18, 2007 1:10 PM:

" to online editor First off I ended up commenting on this story x2-I did not think my comments posted the first time...sorry for the confusion... I understand commenting is available on all stories-I only wish in devestating stories such as this that it were not available-we truly have those in our community that are cold hearted and only want to make comments that tend to add to the pain and suffering already endured by the families. "

mothermyself wrote on Sep 18, 2007 1:04 PM:

Online Editor wrote on Sep 18, 2007 12:48 PM:

" To Mothermyself: Commenting is available on all stories. "

Mike wrote on Sep 18, 2007 12:35 PM:

" To "Take responsibility" when a consumer buys a product at a store they are paying for an item that is supposed to be free of defects. I am sure the CEO of evenflo has made a million or so from the sale of these seats. If they are defective they should pay for the damages caused by their defective product. The driver may or may not have been at fault for the accident, that is irrelevant. The fact is the safety seat failed and the company should be held accountable. "

the truth wrote on Sep 18, 2007 12:35 PM:

" The mother fell asleep while driving, she did not just swerve to miss a deer. Read the Highway Patrol report it is public record. "

Tom wrote on Sep 18, 2007 12:10 PM:

" I agree this is a horrible accident and feel for the family. Although the mother was driving and was at fault i feel a safety seat that is suppose to prevent serious injury in case of an accident didnt do its job...my question here is why is the family only asking $75,000??? isnt your childs life worth more than that?? when simular lawsuits were in the millions.....Maybe this is just a grieving family that just wants to put this behind them and for the company to pay in some way the small small fraction of suffering they are going thru...i wish them luck..if u ask me u cant put a price on a childs life..i just hope they get the 75,000 and try to come to closure on this...so sad "

Disappointed wrote on Sep 18, 2007 11:48 AM:

" I am truely disappointed in "Take Responsibility". Who are you to judge this family. I can not imagine the pain & suffering they have gone through by losing a child. You need to get a life. If you every have a devasting situation happen to your life, I pray that people will be understanding to your situation. "

Learn to drive. wrote on Sep 18, 2007 11:29 AM:

" You swerve and roll over? Wow! learn to drive. A child seat can only do so much. Do you really expect your baby to live rolling over twice? I don't care what kind of seat the child is in the chances of it making it through two rolls is small. "

To Legal Sytem wrote on Sep 18, 2007 11:26 AM:

" The legal system is in place to decide disputes. The legal system will make the ultimate decision whether or not the car safety seat failed based upon presentation of the facts as seen by "both sides". Whether it was properly installed will certainly be in question. You assume it was installed incorrectly. The burden of proof will be on the plaintiff to prove that it was installed correctly, and the defendant will probably say that it was not. "

mothermyself wrote on Sep 18, 2007 11:17 AM:

" I agree that accusing the mother of not knowing how to drive is very cruel-they call it an accident for just that reason.. even the best drivers can make a mistake and cause an accident..as far as the carseat not being installed properly we don't know that and its not our place to judge......they may be part of the 20% who had the seat installed properly-things can malfunction and there can be problems with a product....we don't know that..and having the seat installed properly does not insure something else will not go wrong.......I am sure that this is not a decision that was made in haste-its been 2 years-NOT 2 months! As far as making money off the death of their son-thats ridiculous-if that were the case they would be asking for more than 75,000. If the manufacture is at fault they need to take responsibility for their actions, and from what this story tells us, this is not the only lawsuit that this company has ongoing. Maybe this will prevent another child or family from enduring the same tragedy that the Eslingers have endured. To the Eslinger family-You do not know me, but I am a member of the same church family as you, my heart aches for you and your loss......I can't imagine what you have gone through-please don't allow the comments of a few here that no nothing of you add more to your grief........you continue to be in my prayers. Its too bad that the Tribune can prevent comments on certain articles......the comments posted here are only going to cause more to this familys pain.......to those who may comment in the future-put yourself in thier position before you do.....if you can't say anything nicely or with some degree of tact then perhaps you should not comment. I am familiar with this family and they are very kind, very loving and very responsible people. Sometimes though, bad things happen to good people. "

i agree wrote on Sep 18, 2007 11:01 AM:

" That is very cruel to blame the mother for not knowing how to drive. I am sure "take responsibility"has never driven on a road with deer, skunks, raccoons, and the road he or she drives on must be paved with gold. I have purchased carseats and it is scary when you find out one is defective. I was very fortunate to have found out before something horrible like this accident happened. My two stepdaughters were in a car accident when they were 4 mos old and 17 months old and lost their mother. Luckily for them, their carseats did work!!! "

LL wrote on Sep 18, 2007 10:51 AM:

" To: Legal System-----Two years not two months "

legal system - Correction wrote on Sep 18, 2007 10:47 AM:

" It’s been 2 Years since the accident. "

a Parent wrote on Sep 18, 2007 10:41 AM:

" I wouldn't put my child in a three-point harness carseat to begin with. Why not be the safest you can be and use a five-point harness. Makes sense to me. "

legal system wrote on Sep 18, 2007 10:27 AM:

" the legal system knows nothing on how a car seat works. there is no way to tell if she had the car seat installed properly or not. with 80% of car seats NOT being installed properly, its a pretty high bet she had it installed wrong. I find it just deplorable they are trying to make money for the death of their child. its only been TWO MONTHS! "

To "Take Responsibility." wrote on Sep 18, 2007 9:36 AM:

" Accusing the mother of not knowing how to drive is cruel. They call it an accident for a reason. It is tragic that she lost her child. The child safety seat is meant to provide protection in the case of an "accident." Whether or not it failed is for the legal system to decide. "

Take responsibility. wrote on Sep 18, 2007 8:19 AM:

" These parents need to take responsibility for there actions. It is hard to say if they had the childs restrained properly but if in the case of the Nd mother if she new how to drive the vehicle would not have rolled. So for something that was her fault they want to sue. This is becoming a sorry country for the fqact that most people want to sue for everything. You called me a name that I didn't like so I am going to sue you. We need to group up and quit trying to make money off other people for everything. "

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