Failure to secure a child using a suitable seat restraint can lead to negligence.

In a case J (A child) v Wilkins and Others, this case involved a child who was 2 years old and was involved in a road traffic accident*. The child was travelling on his mother’s knee in the front passenger seat when the accident* occurred. The mother was wearing a lap and diagonal seat belt with the child securely by the lap portion of the belt.

Even though the other driver was wholly to blame for the collision, the mother and aunt were joined in the proceedings on the basis that they had been negligent in failing to secure the child by way of a suitable seat restraint.

The law provides that the driver of a vehicle has a legal responsibility to ensure the correct type of child car seat is used depending on the age of the child. So for example, there are specific types of car seats for children under 3 years of age. The correct car seat must be used depending on the age of the child. For children older than 3 up to about 12 need to have booster/car seats. The correct specification of the car seat for the age of the child is crucial to ensure compliance with the law.

The very fact that the child sat on the mothers lap in the front seat, lead the judge to conclude that 25% of the blame rested with the mother and the aunt. The judge felt that while there was a clear risk of injury in carrying the child in the front seat, the substantial risk arose once the other driver had swerved onto the wrong side of the road.

The moral of this case is to always ensure that your child is properly restrained with the correct type of child car seat.

If you have questions arising from this article you can contact Roisin at roisin@rocs.ie or 061 502005.

This article is general in nature and cannot be regarded as legal advice. It is general commentary only. You should not rely on the contents of this article without consulting one of our Solicitors. If you would like advice regarding how the law applies to your individual circumstances, then please contact Roisin O’Connell Solicitors. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement, nor is it our practice to do so.