Georgia Injury Lawyer Blog

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.

The recall applies to the Skywalker Holdings 13-foot Square Trampoline and Enclosure Combo. The units have blue spring pads, a black net enclosure, and a jumping mat. “Skywalker Holdings” is printed on a label located under the jumping mat and on the enclosure net.

The straps supporting the top of the trampoline’s enclosure to the poles can fail. The enclosure could drop if these straps break, posing a risk that a user could fall from the trampoline.
To date Skywalker Holdings reports it has received at least 250 reports of straps breaking. No injuries have been reported.

The trampolines were sold at specialty stores and major retailers nationwide and online from January 2007 through February 2009 for between $400 and $600.

The CPSC advises that consumers should immediately stop using the trampolines and contact Skywalker Holdings to obtain a free repair kit. The contact information provided is as follows:

Consumer Contact: Contact Skywalker Holdings toll-free at (866) 603-5867 between 8 a.m. and 5 p.m. MT Monday through Friday, or visit the company’s Web site at www.skywalkertrampolines.com.

Continue reading "Trampolines Recalled" »

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.

Never ride under the influence of alcohol or other drugs.

Never carry a passenger on a single-rider ATV.

Ride an ATV that’s right for your age.

Supervise riders younger than 16; ATVs are not toys or baby-sitters.

Ride only on designated trails and at a safe speed.

Take an ATV RiderCourse; visit www.atvsafety.org or call (800) 887-2887.

In my experience, one of the most violated guidelines involves riding passengers. Over and over I read about children riding other children on the back of a single rider ATV. This is extremely dangerous and it is a parent’s responsibility to make sure that it does not occur. A parent who provides an ATV to a child and fails to supervise the child’s operation of it can be held liable in damages for the death of another person who is injured or killed in an accident. If you or a loved one have been seriously injured by someone negligently operating an ATV, call one of the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson's 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.

According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.

While most had cuts, bruises and scrapes, primarily on the hands or fingers; one child's injury required an amputation. Thirty-two percent had their hands caught in or on the treadmill, in some cases suffering serious friction burns.

Consumer Reports, the non-profit testing organization studied injuries from exercise equipment. The researchers noticed burns were more likely to occur with treadmills than stationary bikes and elliptical trainers. The CPSC figures show treadmills and bikes, along with stair climbers, are the home exercise devices that pose the greatest hazard to youngsters.

The Tyson tragedy does not appear to involve an operating treadmill. It has been reported that the child’s neck became entangled in the machine’s cord leading to strangulation. However there are numerous reports of hanging cords causing serious injury and death to children.

According to safety experts, parents should take these steps to prevent home exercise equipment and cord accidents:

Do not allow children on or near exercise equipment when it's in use.

When not using a machine, unplug it or keep it in a locked room.

Do not put furniture near windows, where children could climb up to get to vertical blind cords.

Mount cords at least 5 feet above the floor if possible, where youngsters can't reach them.

Do not tie loops in a cord, instead use a device to tie it to the sill.

Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.
The Court of Appeals upheld the major elements of a 2006 ruling that found the nation's top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as "low tar," "light," "ultra light" or "mild," because such cigarettes have been found to be no safer than others because of how people smoke them.

It also requires the companies to publish "corrective statements" on the adverse health effects and addictiveness of smoking and nicotine. The requirements have been stayed or dealyed while the case has been under appeal.

The case has been litigated for almost 10 years. During this time, tobacco companies have denied committing fraud in the past and said changes in how cigarettes are sold now make it impossible for them to act fraudulently in the future.

The suit was filed first in 1999 during the administration of President Clinton. The next administration, headed by Republican George W. Bush, pursued it after receiving early criticism for openly discussing the case's perceived weaknesses and attempting unsuccessfully to settle it.

During a nine-month bench trial, U.S. District Judge Gladys Kessler heard accusations that the companies had an agreement not to compete over whose products were the least hazardous to smokers. This was to ensure they did not have to speak publicly about the harm caused by smoking. Tobacco lawyers denied the contention.

The government filed the civil case under the Racketeer Influenced and Corrupt Organizations Crime Act of 1970 also known as the RICO act. Our Atlanta attorneys have a broad range of experience with the RICO act, both on the criminal and civil side. They have both prosecuted and defended criminal RICO claims brought by the United States government, and prosecuted and defended both state and federal civil RICO claims.

The defendants in the lawsuit were: Philip Morris USA and its parent, Altria Group; R.J. Reynolds Tobacco; Brown & Williamson Tobacco; British American Tobacco; Lorillard Tobacco; Liggett Group; Counsel for Tobacco Research-U.S.A.; and the now-defunct Tobacco Institute.

Liggett was excluded from the ruling because the judge said the company came forward in the 1990s to admit smoking causes disease and is addictive and cooperated with government investigators.

The appeals court ruled that the Counsel for Tobacco Research-U.S.A. and Tobacco Institute be dismissed from the suit. Both are trade organizations for the cigarette manufacturers but did not manufacture or sell tobacco products.

The attorney general of Alabama has announced that 14 major drug companies will pay Alabama $89 million to settle a lawsuit accusing them of defrauding the state Medicaid agency. This lawsuit brought on behalf of the taxpayers of the state of Alabama is one of many throughout the United States brought by state’s Attorney Generals accusing drug manufactures of overcharging and defrauding states for the purchase of drugs used in state sponsored medicaid and health care programs. The lawsuits essentially allege a pattern of fraud by drug manufacturers over many years.

The Alabama settlement followed a series of trial victories in Montgomery County Circuit Court against other drug companies accused of similar activities. The state of Alabama was represented by private law firms who undertook the representation and absorbed the risk of a losing verdict.

The companies agreeing to the Alabama settlement are: Abbott Laboratories, Schering-Plough Corp., Warrick Pharmaceuticals Corp., TEVA Pharmaceuticals USA, IVAX Corp., IVAX Pharmaceuticals, Barr Laboratories, Aventis Pharmaceuticals, Aventis Behring, ZLB Behring, Sanofi-Synthelabo, Forest Laboratories, Forest Pharmaceuticals, Baxter Healthcare Corp. and Baxter International.

Earlier this year, an Alabama jury ordered the generic drug manufacturer Sandoz to pay the state more than $78 million. That trial followed verdicts in 2008 against AstraZeneca, GlaxoSmithKline and Novartis for $215 million, $81 million and $33 million, respectively.

These lawsuits and settlements will recoup millions of dollars for the taxpayers of Alabama and should prevent price gouging and fraud in the future.

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.

Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.

If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.

The United States Department of Justice and 16 states have joined two whistleblower lawsuits alleging that drug manufacturer Wyeth defrauded the government by offering discounts to hospitals on two of its drugs that it didn't offer to Medicaid.

Whistleblower lawsuits are lawsuits brought by private citizens alleging fraud against the government. If the Department of Justice determines that the lawsuit has merit, it can chose to intervene in the case. Finch McCranie LLP is a national leader in the filing of Whistleblower claims to recover money on behalf of the United States taxpayers. Our Whistleblower practice is more fully described in our Whistleblower blog.

The lawsuits, filed in federal District Court in Massachusetts, allege that Wyeth avoided paying hundreds of millions of dollars in rebates to state Medicaid programs for its Protonix Oral and Protonix IV acid-reflux drugs. Wyeth sold $394 million of the drugs in 2008, but they brought in close to $2 billion a year in revenue before generic competition threatened them.

The Justice Department and the states, in joining the lawsuits, said Wyeth didn’t pay hundreds of millions of dollars in rebates even though it was required to grant the Medicaid program the same discount or “best price” it offered to hospitals. The federal-state Medicaid progra, funded by taxpayer dollars, provides health care to the poor.
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Georgia and South Carolina injury lawyers are seeing ATV accidents involving serious injury and sometimes death are on the rise with the return of warm weather. Tragically many, if not most are preventable by using common sense and obeying ATV rules. Just this week, I read about a Summerville, South Carolina teenager who is fighting for her life as a result of being thrown from the back of a fast moving ATV. According to witnesses, neither the 32 year old ATV driver or the teenage passenger were wearing helmuts.

Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. As demonstrated by the tragic accident involving the South Carolina teen, serious injuries can result from riding as a passenger on the back of an ATV. Adults who operate an ATV in violation of the rules potentially subject themselves to civil liability for their negligence, if someone is seriously injured or killed as a result of their negligence. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie, LLP at 1 (800) 228-9159.

Our Atlanta based lawyers are constantly involved in cases involving brain injury and brain death. As tragic as these cases are, the families and loved ones are many times faced with the decision whether to cease life support after there has been a medical determination of brain death.

In general, brain death is considered to be the irreversible loss of brain function. The exact definition has changed throughout the years and is still subject to debate. The brainstem controls brain function and is responsible for regulating breathing, heart rate, reflexes, withdrawal from pain. Thus, diagnosing brain death requires the absence of brainstem function.

Most states have adopted a version of the Uniform Determination of Death Act thereby establishing a definition of brain death. The Uniform Act defines brain death as follows:
Determination of Death. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

The Georgia legislature has enacted O.C.G.A. §31-10-16 which defines brain death as folows:
(a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death

Brain death is usually determined in the Intensive Care Unit of a hospital or in the Emergency Department. The determination usually involves three steps. First, unconsciousness is verified. To do this, a Glasgow score of 3 is required. The Glasgow scale is neurological scale which aims to give a reliable, objective way of recording the conscious state of a person, for initial as well as continuing assessment. Secondly, the patient is clinically checked for brainstem reflexes. If all brainstem reflexes are absent the third and last step is taken. This is the performing of an apnea test. Apnea is the cessation of breathing. This test is to ensure that the patient has no drive to breathe and confirms brain death.

Defective medical devices can lead to the serious injury or death of innocent people. For this reason Georgia injury lawyers representing victims of defective and dangerous products were dismayed when the Supreme Court decision in Riegel v. Medtronic, held that consumers can’t sue medical device companies over medical devices that have been approved by the Food and Drug Administration. Now, victims of these dangerous products who say they were injured by faulty medical devices want Congress to pass legislation called the Medical Device Safety Act, that would override the Supreme Court decision.

Congressional Lawmakers are scheduled to hold a hearing this week on legislation that would nullify a Supreme Court decision that prevents consumers from seeking damages for injuries caused by federally approved medical devices. Support for the Medical Device Safety Act has been fueled by news of the Sprint Fidelis Pacemaker Wire and other faulty medical devices. Although device makers argue that the Bill will have a chilling effect on medical innovation and patient safety, there is no evidence to support such a conclusion. To the contrary, such a bill would enhance patient safety and make manufacturers accountable for faulty medical devices

If you or a loved one have been seriously injured as a result of a faulty medical device, contact the product liability lawyers at Finch McCranie, LLP for a free consultation..

The Georgia injury lawyers at Finch McCranie, LLP who handle workers compensation cases always investigate the possibility that there is a negligent third party who can be sued and held accountable for the client’s injuries and damages. As any injured worker knows, the income benefits available under the Georgia Workers Compensation Act are limited. A worker with serious injuries is never made whole with workers compensation benefits alone. Many serious on-the-job injuries or deaths are attributable to the negligence of someone other than the employer.

For instance, increasingly, employers do not own or solely occupy the premises of an injured worker’s place of work. As a consequence, an injured worker may have claims against the owner of the premises or an entity that may jointly occupy the premises with the injured worker’s employer. The owner or occupier of a premise is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. The owners of the premises may have a duty, under a contract, to keep the premises in safe repair or repair certain equipment associated with the premises. Likewise, the owner may have actual or constructive knowledge of a dangerous condition existing on the premises.

Accordingly, when a client is injured on-the-job, careful attention should be paid to the facts to determine whether there is a viable third party to go after for full compensation. The injury lawyers at Finch McCranie, LLP have extensive experience in handling these cases. If you or a loved one has been seriously injured in an on-the-job injury, call us for a free consultation.

As the popularity of ATV’s (all-terrain vehicles) increases the Georgia injury lawyers at Finch McCranie, LLP see more ATV accidents resulting in death and serious injuries each year. Even experienced riders must be very careful when operating an ATV. On April 18th of this year, former Utah Congressman Bill Orton, age 60, died while operating his ATV. According to authorities, he was riding out on the sand and went off a very steep sand dune, and when he impacted the bottom, the front end of the four-wheeler flipped on top of him, fatally injuring him. At the time of his accident, he was wearing a helmet.

According to ATVSafety.gov, a web site maintained by the Consumer Product Safety Commission, there were 268 “reported” ATV deaths in Georgia 1982 and 2007; however, this figure is likely low.

Experience is important when operating an ATV. All new riders should take a training course. These courses are offered nationwide and are usually offered free when purchasing an ATV from a dealer. Although many ATV injuries or deaths result from careless operation of the machine, many result from the negligence of third parties. Some accidents are the result of dangerous products like faulty brakes or steering components. If you or a loved one has been injured on an ATV, take care to preserve the ATV, including all parts, and consult one of the Georgia ATV injury lawyers at Finch McCranie, LLP.

When the Georgia injury lawyers at Finch McCranie, LLP represent an injured employee in a workers compensation case we always look to see if there is a liable third party that can be sued. Under Georgia law, workers compensation benefits are limited and rarely, if ever, fully compensate an injured worker for all of the injuries and damages sustained.

Recently I read about a Chicago area wrongful death case involving a BMW car salesman who was killed in an automobile accident while accompanying a 20 year old potential car buyer on a test drive of a BMW automobile. According to court testimony, the driver was driving at 95 miles per hour when he crashed the car, killing the car salesman. The family of the salesman sued and a Chicago jury returned a verdict of 13.7 million dollars in their favor.

Other potential third party cases might involve defective or dangerous products that a worker might be using that cause serious injury or death. If you or a loved one has been serious injured in an on-the-job injury you should consult with the workers compensation lawyers at Finch McCranie, LLP to protect your rights.

Many automobile crashes which our Georgia lawyers investigate involve serious injury and deaths which are caused by roof collapses in rollover situations. Tragically, many of these victims would have been less seriously injured or survived had the roof of the vehicle not collapsed. For many years, safety advocates have urged auto makers and the federal government to increase the minimal standards for vehicle roof strength.

Now, under pressure from Congress, the National Highway Traffic Safety Administration (NHTSA) has issued increased roof-strength requirements. The long-awaited federal upgrade of the 35-year-old regulation governing vehicle roof strength will save 135 lives and prevent more than 1,000 injuries according to the United States Department of Transportation.

This is encouraging news. But, at the same time, the National Highway Traffic Safety Administration issued lower requirements for the heaviest vehicles and added a phase-in period. The final regulation boosts the requirement to three times the weight for vehicles up to 6,000 pounds. Vehicles 6,000-10,000 pounds must meet a 1.5 times standard. NHTSA says 135 lives will be saved and 1,065 injuries. The new regulation is estimated to add $54 per vehicle in design costs and another $15 to $62 in added fuel costs. NHTSA has been working with updating the current regulation for more than a decade.

Automakers said the new standard will require engineering and design challenges. But, the Alliance of Automobile Manufacturers, the group representing most major automakers, said they support NHTSA's goal of enhancing rollover safety through a comprehensive plan aimed at eliminating rollover injuries and fatalities, while noting that enhanced roof strength is only one part of that plan.

The phase-in schedule, which begins in September 2012, will be completed for all affected vehicles by the 2017 model year. Beginning in the 2013 model year, manufacturers must have 25 percent of their vehicles over 6,000 pounds meet the 1.5 times standard -- a requirement that jumps to 50 percent in the 2014 model year.

In January 2008, NHTSA stiffened its August 2005 proposal to require a two-sided roof-strength test, which would have the effect of requiring tougher roofs. Automakers oppose the double-sided test, saying it is unnecessary. They have also sought more time to comply, noting the expense of redesigning vehicles.

Toughening vehicle roofs is aimed at helping people survive rollover crashes, which account for more than 10,000 deaths annually, according to federal reports. Rollovers represent 3 percent of crashes, but account for one-third of all vehicle deaths.

The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.

To prevent injuries, the following procedures are recommended when using grinding wheels:

* Check the wheel before each use for any cracks or chips. If any are found, discard
and replace with a new wheel.

* Perform a ring test. Wipe the wheel clean. Hold the wheel through the center hole with one finger. Using the plastic end (not rubber coated) of a screwdriver, tap the wheel on side. If it gives a metallic ring, the wheel is fine. If it is cracked, it will give a dull ring, or no ring at all.

* Always adjust the tool rest to sit no more than one-eighth (1/8) of an inch from the wheel. If it cannot be adjusted to sit at that width, the wheel is probably worn and should be replaced.

* Follow manufacturer’s instructions on replacing a wheel.

* Make sure that the new grinding wheel is rated to operate at the maximum speed of the grinder. Do not surpass the maximum speed.

* When beginning grinding, do not grind on a “cold” wheel. Apply the work gradually to “warm up” the wheel.

* Always wear the proper personal protective equipment: safety glasses/face shield, gloves, aprons.

* Use the guard at all times, no matter how small the job. Never alter or remove the guard.

* Before using a new wheel, turn it on, stand to the side, and watch for any abnormalities. It is recommended that a user allow the grinder to run for a minute before beginning to grind.

If you or a loved one has been seriously injured as a result of a grinding wheel failure, it is critically important to preserve whatever evidence is available. Accordingly, not only should the tool itself be preserved for inspection but also all of the fragments of the grinding wheel should be collected and kept so that they can be analyzed by an expert. As always, the product liability lawyers at Finch McCranie, LLP stand ready to consult with you about dangerous products.

Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and inhalation of toxic materials, including dust and silica.

Exploding grinding wheels pose a very serious risk to users. For instance, the United States Department of Labor published “A Partial List of Accidents Involving Grinders” for the period of 1990 through 1997. Out of 27 accidents, 7 of them resulted in death as a result of the victim being struck by pieces of a disintegrating grinding wheel.

In terms of grind wheel safety, there are several things to keep in mind.

* Grinding wheels have a shelf life and you should use grinding wheels within two (2) years of their manufacture date.

* Improper mounting of the wheel to the tool can cause the wheel to break.

* Using a wheel at a speed greater than that for which it was designed can lead to failure.

* Personal Protection Equipment should ALWAYS be used when using a grinder.

It is thought that one reason for the number of grinding wheel failures may be that many of them may now involve imported and inferior wheels. If you or a loved one has been seriously injured as a result of an exploding or disintegrating grinding wheel it is critically important to preserve as much of the evidence as possible, including the tool itself and the wheel fragments. The product liability lawyers at at Finch McCranie, LLP will be happy to consult with you about the case.

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving dangerous drugs and consumer products. Last week the FDA announced the recall of Hydroxycut. Government officials warned dieter and body builders to immediately stop using Hydroxycut, a supplement which has been linked to serious liver damage and at least one death. According to an FDA official, the agency has received 23 reports of liver problems, including the death of a nineteen year old. It has been reported that other patients experienced symptoms ranging from jaundice, or yellowing of the skin, to liver failure.

If you are someone you know is currently using this product please consult with your physician immediately. If you have used this product and have been diagnosed with having liver damage call the product liability lawyers at Finch McCranie, LLP.

Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.

If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate new cars for safety, they have no such system for child car seats. Making matters more difficult, a child restraint that performs well in one vehicle may perform poorly in another because it doesn't fit snugly in that back seat.

Secretary LaHood’s action comes after the Chicago Tribune revealed that nearly half of all infant restraints failed catastrophically or exceeded injury limits when federal contractors strapped them into the back seats of model-2008 vehicles and crashed those cars and trucks into walls at 35 m.p.h.. NHTSA used those tests to rate the safety of the cars, not the child restraints in them.

At LaHood's insistence, the NHTSA child seat crash-test results -- including reports, video and photos -- are posted online.

European regulators require automakers to include child seats in their crash tests of new cars. The safety rating for those European vehicles is based in part on how they protect children. LaHood held up the European system as a model.

LaHood said he would push for a voluntary system. The secretary said he also ordered NHTSA to institute stringent safety standards for child seats in side-impact crashes, which account for one third of infant highway deaths.