Nissan faces lawsuit over seatbelt safety for 'forgotten children'
They are called "the forgotten children" — kids who have outgrown booster seats but are too small for adult seat belts.
They've been the subject of academic studies and a U.S. government blue ribbon panel.
Now, in a B.C. Supreme Court claim, an Abbotsford teen alleges he suffered brain injuries because Nissan failed to warn customers about what he says are the dangers posed to children by rear seatbelts in a 2006 Pathfinder.
"Despite knowing that the rear seat restraint systems and/or seat belts were defective, [Nissan] … marketed and sold the Pathfinder as a safe vehicle with a rear seat restraint system and/or seat belts that were safe for use by children including the plaintiff," the claim reads.
'Inadequately restrained'
According to the notice of civil claim, Arshdeep Singh Sidhu was nine years old when a vehicle crashed into the passenger side of his parents' Pathfinder.
The lawsuit claims Sidhu was in the rear seat on the driver's side, "inadequately restrained in a three-point seat belt."
According to the lawsuit, studies as early as 1994 identified defects in restraint systems and seat belts for children.
The claim cites a study that found children were likely to move the shoulder belt behind their torso, to the opposite shoulder, under their arms or away from their body because of improperly fitted design.
In 1999, the U.S. National Highway Transportation Safety Administration appointed a blue-ribbon panel — including a manager from Nissan — to look at ways of protecting the "forgotten children" in vehicles.
The panel recommended increased education around booster seats as well as legislation to tighten laws enforcing child passenger safety.
Devices to eliminate slack
The lawsuit claims Nissan conducted studies on restraint systems after the release of the panel's recommendations and allegedly found the seatbelts failed to protect children.
Sidhu also claims the Pathfinder's front seatbelts were equipped with pretensioners, devices "designed to eliminate slack in the lap and/or torso area in the event of a collision."
But he alleges the rear seatbelts were not equipped with pretensioners; Sidhu claims the devices would have reduced or eliminated his injuries.
In B.C., children under nine or below a height of 145 cm are required to be in booster seats with seat belts. Children over the age of 12 months between 9 kg (20 lbs) and 18 kg (40 lbs) must ride in an appropriate car seat.
Anyone over nine is required to use a properly adjusted seatbelt.
Sidhu is seeking damages for loss of enjoyment of life and the cost of medical treatment. He's also seeking aggravated and punitive damages.
Nissan Canada declined to comment on the case, citing pending litigation.
None of the claims have been proven in court.
