If a child is in a car but not in a booster seat and is injured in an accident,does that constitutechild endangerment?

My son was with his dad and a friend of his dads and was in a car accident, my son is 5 and was not in a booster, as a result of the accident and not being in a booster his back was injured causing him to have to have surgery. Dad was not the driver the friend was, but dad didn’t put him in a booster, who is responsible, and can charges be pressed on either person?

Asked on July 29, 2010 under Personal Injury, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Certainly liability comes on many levels here - civil and criminal - and to both parties.  The child was in the care of his father but the owner of the motor vehicle is, I am sure under your state statute, given liability as well as the operator of the vehicles.  The driver should have been issued a ticket at the scene at the very least. Civil liability needs to be explored based upon a review of the facts of the accident and the negligence of each of the parties involved in light of the state statute regarding booster seats as well as those written for car accident cases.  Seek legal consultation with all of this as soon as you can.  It should be free and you will get an idea of how you should proceed.  A civil attorney can also help you with the criminal charges.  Good luck.

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