Booster Seat Expired? Why That Could Hurt Your Injury Claim After a Crash

When parents buckle their children into booster seats, they expect their children to be protected. But what many do not realize is that booster seats have expiration dates—and using an expired one can not only increase the risk of injury in a car crash, but it could also jeopardize your legal claim.

As car accident lawyers in Indianapolis, we have seen firsthand how insurance companies use details like expired safety equipment to limit or deny compensation. If your child was hurt in a crash and an expired booster seat was involved, you need to understand how this could affect your case.

Understanding Booster Seat Expiration Dates

Booster seats, like other forms of child safety equipment, are not built to last forever. Over time, the plastic can degrade, safety standards change, and parts can wear down. Manufacturers place expiration dates on seats to ensure that children are constantly using equipment that meets current safety standards and performs as intended in a crash.

Why Booster Seats Expire:

• Plastic degradation: Materials weaken from heat, cold, and sunlight.
• Changing safety standards: What was considered safe five years ago may now be outdated.
• Wear and tear: Straps, buckles, and foam can deteriorate, impacting performance.
• Recall limitations: Outdated models may not comply with current regulations or may not receive recall notifications.

In Indiana, booster seat laws require that children meet specific age, weight, and height guidelines—but the law does not currently require parents to verify the expiration date of the seat. However, failing to use an up-to-date seat can still carry significant consequences in court.

Indiana Car Seat and Booster Seat Laws

Car Seat Laws in Indiana

Indiana law requires that:

• Children under 1 year of age and weighing less than 20 pounds must be in a rear-facing car seat.
• Children at least 1 year old and weighing at least 20 pounds may be placed in a forward-facing car seat with a harness.
• Children who outgrow their forward-facing seats must use a booster seat until they are 8 years old.
• Children over 8 years old must be properly restrained with a seatbelt.

Booster seat laws in Indiana do not explicitly mention expiration dates. However, all car seats and booster seats must be used according to the manufacturer’s instructions—and that includes respecting the expiration date.

As auto accident attorneys in Indiana, we can tell you: If your seat expired and failed, that detail will come up during an injury claim.

How an Expired Booster Seat Could Affect Your Injury Case

1. Contributory Negligence Arguments

Indiana follows a modified comparative fault rule as outlined in IC 34-51-2. If you are found to be more than 50% at fault for your child’s injuries, you may not recover damages at all. Insurance companies may argue that your decision to use an expired booster seat contributed significantly to your child’s injuries—even if another driver caused the crash.

They might say:

• The injuries would have been less severe if a proper seat had been used.
• The booster seat failed due to age or wear and tear.
• You ignored safety warnings by using an expired seat.

This does not automatically disqualify you from compensation—but it does give the defense ammunition to reduce or deny your claim.

2. Disputes Over Causation

If the booster seat did not perform as expected, it creates a question of causation—whether the crash or the defective seat caused your child’s injuries. This adds complexity to your case and may require expert testimony, accident reconstruction, and engineering reports to prove that the crash itself—not the seat’s condition—was the primary factor.

3. Negative Impact on Credibility

Even a minor oversight, like using an expired car seat, can affect your credibility. Judges and juries may question other aspects of your parenting decisions or case details. It can also influence how sympathetic the court is to your claim.

Real-Life Scenarios Where Expired Seats Created Legal Challenges

Let me walk you through two hypothetical—but very possible—scenarios we see in Indiana:

Scenario 1: The Rear-End Collision

A mother is driving her two children home from school in Indianapolis. Her car is rear-ended at a stoplight. One of her children suffers a fractured collarbone. The police report clearly places the other driver at fault.

However, during the investigation, the insurance company discovers that the booster seat was eight years old and had expired. The insurer argues that the seat failed to restrain the child properly. Suddenly, the value of the claim drops—despite clear liability.

Scenario 2: The Sideswipe Accident

A father is driving on I-465 when a distracted driver sideswipes his vehicle, sending them into a guardrail. His child suffers internal injuries. The other driver admits fault. But the manufacturer of the booster seat later determines it failed under normal crash conditions due to age-related deterioration.

Now the case requires a product liability angle, and compensation hinges on proving that the expired seat was not the main cause of harm. The case drags on for months and may involve multiple parties.

What to Do If an Expired Booster Seat Was Used in Your Crash

If you find yourself in this situation, do not panic—but act fast. Here’s what I recommend as a seasoned Indianapolis accident attorney:

1. Preserve the Seat

Do not throw it away. The booster seat becomes evidence and may need to be analyzed for further examination. Store it safely and take photos from all angles.

2. Check for Recalls or Defects

Even expired seats may have been part of a recall. If so, the manufacturer may still be held liable.

3. Document Everything

Take photos of the vehicle damage, injuries, and the position of the seat. Gather your child’s medical records and any purchase records for the seat.

4. Speak with a Car Accident Lawyer in Indianapolis

The sooner we get involved, the better we can shape your case and counter insurance arguments. We may also bring in product safety experts or engineers if needed.

How We Handle These Cases

As auto accident attorneys in Indiana, we understand how complicated cases involving children and car seats can become. Insurance companies are quick to shift blame onto parents, even when another driver is clearly at fault for the crash.

Here is how we approach these cases:

• Investigate all angles, including seat condition, crash dynamics, and medical reports.
• Push back against insurance denial tactics that attempt to shame or manipulate parents.
• Coordinate with pediatric injury specialists and safety experts to strengthen your case and enhance its credibility.
• Protect your right to compensation even if an expired seat was involved.

Remember, you did not cause the crash—another driver was at fault. And even if a booster seat had expired, that does not excuse the negligence of the person who hit you.

Tips for Parents: Avoiding Booster Seat Mistakes That Hurt Your Claim

As a service to Indiana families, here are simple tips to avoid common booster seat issues:

• Check the expiration date: Usually found on the bottom or back of the seat.
• Register your seat: This ensures you are notified of any recalls.
• Avoid hand-me-downs: Older seats may have hidden damage or wear.
• Install properly: Visit a local fire station or car seat clinic.
• Replace after a crash: Most booster seats should be replaced after any moderate to severe crash.

FAQ: Booster Seats, Expiration, and Car Accidents in Indiana

How do I know if my booster seat is expired?

Most seats have an expiration date molded into the plastic or printed on a sticker. It is usually 6–10 years after the manufacture date.

Can I still recover compensation if the booster seat was expired?

Yes, you may still be entitled to compensation. However, the insurance company may use the expired seat to reduce the value of your claim. A qualified attorney can help protect your rights.

Is using an expired booster seat illegal in Indiana?

While not specifically illegal, using one may violate the seat manufacturer’s instructions—which the law requires you to follow.

Will the expired seat automatically make me liable for my child’s injuries?

Not necessarily. Indiana uses a comparative fault system. You may still receive compensation as long as you are not found to be more than 50% at fault.

Can I sue the booster seat manufacturer if the seat failed in a crash?

Possibly. If the seat was defective—even if expired—there may be a product liability claim. However, proving fault in these cases is complex.

Should I get rid of the seat after the crash?

No. Preserve the seat as evidence until your attorney tells you otherwise. It could play a major role in proving or disproving fault.

Protect Your Child and Your Rights

You do everything to protect your child, but the legal system is not always forgiving. Using an expired booster seat does not make you a bad parent, but it can complicate your injury claim.

We are here to help you navigate those challenges. If your child was hurt in a crash—regardless of the condition of the booster seat—let us help. As your trusted Indianapolis accident attorney, we will fight to make sure you are not unfairly blamed and that your family receives the compensation you deserve.