You buckle your child into a car seat every day, trusting it will keep them safe. But after a serious crash, you realize the seat may have been the wrong size, installed incorrectly, or simply outdated. And now your child is hurt and you're left with a painful question: does that mistake reduce your right to compensation?
The truth is, you’re not alone. Car seat misuse is common, and in most child injury claims, the person who caused the crash is still the one legally responsible. But in Wisconsin, how you used that seat can affect how much money you receive. That’s where comparative negligence comes in.
At Hupy and Abraham, S.C., we help parents like you hold careless drivers accountable while making sure a simple mistake doesn’t wipe out your child’s future.
Why Car Seat Misuse Matters in Child Injury Cases
Even though car seat misuse doesn’t cause a crash, it can make injuries worse. That distinction matters. The at-fault driver is still liable for the collision, but your use of the car seat could be considered a factor in how severe your child’s injuries were.
Wisconsin law allows insurance companies to raise this issue. But it doesn’t mean you lose your case—it simply means fault might be shared.
How Courts View Car Seat Misuse in Wisconsin
When determining compensation, courts ask: did your actions contribute to your child’s injuries? If the answer is yes, you may be assigned a percentage of fault under Wisconsin’s comparative negligence rules.
Here’s what they consider:
- Type of seat used. Was the seat appropriate for the child’s weight and age?
- Installation. Was the seat secured tightly with the correct latch system or belt?
- Harness fit. Were the straps snug and positioned properly on the child’s body?
- Direction. Was the seat rear-facing when it should have been?
- Condition. Was the seat expired, recalled, or damaged?
These are complex issues, and they're not always clear-cut. But having legal representation helps ensure insurance companies and, if necessary, courts hear your side of the story.
Understanding Comparative Negligence in Wisconsin Injury Claims
Wisconsin uses a modified comparative negligence rule. That means multiple parties can share fault, but as long as you’re 50% or less at fault, you can still recover damages.
If the court finds that improper car seat use contributed to your child’s injuries, they may reduece your financial recovery based on your percentage of fault.
Let’s say your total damages are $100,000. If a jury finds the other driver 80% responsible and assigns 20% fault to you for car seat misuse, you’d still receive $80,000. But if you were found 51% at fault, you wouldn’t recover anything under state law.
That’s why legal strategy matters. Assigning blame is rarely straightforward, and insurance companies often try to exaggerate a parent’s role to reduce their payout.
What If You Didn’t Know the Car Seat Was Incorrect?
Many parents are shocked to learn the seat they’ve been using is unsafe. Maybe it was a hand-me-down. Maybe hospital staff said it was fine. Maybe the manual was unclear. That doesn’t make you negligent—it makes you human.
Wisconsin law doesn’t expect perfection. It asks whether a “reasonable caregiver” would have acted similarly in your situation.
Factors That May Support Your Good-Faith Efforts
If you made an honest effort to keep your child safe, that matters. Your attorney can help gather:
- Proof of purchase or registration. This shows you attempted to buy a compliant seat.
- Manufacturer’s instructions. These help demonstrate you followed written guidance.
- Photos or videos. Visual evidence helps clarify how you used the seat at the time of the crash.
- Pediatrician recommendations. Your doctor can confirm you followed age-appropriate advice.
The law allows for mistakes, especially when a parent has taken reasonable steps to protect their child.
How a Wisconsin Injury Lawyer Can Strengthen Your Case
When car seat misuse becomes an issue, insurance companies often look for ways to assign more blame than is fair. A skilled lawyer can step in to challenge those tactics and redirect focus where it belongs: on the person who caused the crash.
At Hupy and Abraham, our Wisconsin personal injury attorneys have helped families across Wisconsin recover millions in compensation, even in cases involving shared fault.
What Legal Support Looks Like in These Cases
An experienced child injury attorney will:
- Investigate the crash thoroughly. Police reports, surveillance footage, and witness statements can help establish fault.
- Work with safety experts. These expert witnesses can testify whether the seat misuse truly impacted injury severity.
- Push back against unfair blame. Insurance adjusters often overstate a parent’s fault. We make sure they don’t.
- Document your parenting efforts. From product manuals to receipts, we present evidence showing you acted responsibly.
Legal advocacy doesn’t just protect your rights—it fights for your child’s future.
One Mistake Shouldn’t Define the Outcome
The days after a child injury crash may be filled with guilt, doubt, and fear. But using the wrong car seat, while serious, does not erase the fact that someone else caused the crash. You tried to keep your child safe. That still matters.
Wisconsin’s comparative negligence laws can reduce compensation, but they don’t eliminate your right to seek justice. At Hupy and Abraham, we’re here to make sure insurance companies and courts hear your child’s story.
