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Why can't we buy or sell a used carseat?

We have lots of carseats in our household, the inevitable result of having three little kids who have overlapped carseat needs at different times. I look at the ones we don't need any more, and they're basically in perfect condition. A bit dirty, but structurally they're perfect.

So why can't we buy or sell them legally?

Maybe it's just an oft-repeated myth that's become accepted as law, but when we talk to local charities about donating car seats, we're told that they can't accept them because the carseats might be damaged or have structural flaws.

Huh?

Look at even the cheapest carseat on the market and you'll instantly see that it's basically one big piece of injection molded plastic with some buckles, clips, a seatbelt and a cloth cover. So what could go wrong?

That is, if there was something wrong with a carseat, wouldn't it be immediately and overtly obvious? I mean, if you looked and there was a visible crack that let you prise the seat apart, or the seatbelt didn't click closed or one strap was dramatically frayed, obviously that's not something you'd want out there masquerading as a safety item for babies or children! Even if it's been in a car crash, let's face it - the seatbelt and the plastic isn't going to be damaged unless it's the most horrendous, terrible accident.

I can accept that if you don't have the original manual, you might not know the safest way to install the carseat for maximum safety, but with the Internet (and Google!) it's a no-brainer to get a replacement manual. Check out the beautiful Graco site as one example.

But nothing's that simple. What we are told is that it's illegal to sell used carseats or child safety seats, and that if you do have someone give one to you, you should immediately take it to the local fire station so they can inspect it for safety and integrity.

I just don't get it.

Anyone care to enlighten me?


Posted by Dave Taylor at July 31, 2005 5:23 PM
Comments

It's not illegal, I bought a used carseat fron a huge rummage sale that had the sherrif office as security. $30 with two bases. in nebraska

Posted by: L S at July 31, 2005 7:11 PM

It isn't illegal as far as I know, just not recommended. There could be problems that are not visible if the seat were in an accident or even just too old. Due to the heat and cold extremes many seats are exposed to by being in cars all the time, the plastic can start to break down after about 6 years. Also, many older seats have been recalled for various reasons or simply are not up to current safety standards. That said, if the seat is from someone you know and you can be assured it is fairly new and never been in an accident, I would take it. Lots of the standards are set up for people who may not be of average or above intelligence or for some other reason have impaired judgement. Sometimes those of us with common sense forget that not everyone has it. :)

Posted by: Katie at July 31, 2005 8:16 PM

Hmmm... so, again, I hear about 'plastic fatigue' but does it really happen after only six years? And most car seats I've seen are made out of pretty darn heavy plastic, not just a thin "veneer".

Posted by: Dave Taylor at July 31, 2005 8:28 PM

Nearly 3 years ago I was in a car accident - hit a gaurdrail on the interstate during a light rain. I was able to drive away, myself & two kids in carseats were fine, but had extensive damage to the front end. I replaced the carseats even though they looked perfect- who knows what damage or 'weakening' was done to them that I couldn't see with the naked eye? Would you trust those seats? You bend a stick once and it doesn't break; bend it again and it does break because it was weakened by your first attempt. Better safe than sorry. I also destroyed the old seats - I didn't want them ending up in a yard sale or thrift store.

I've never heard that it's illegal to buy or sell a used carseat - only that it's not wise. It's not personal, but the people/organization you try to donate a used seat to can't trust what you or anyone else says about the seats history.

Posted by: Susan at July 31, 2005 9:54 PM

Seeing how my kids plastic toys wear out and break, yes, I do believe that plastic breaks down. And I would have to believe that given how hot it gets in closed up vehicles in the summer, that would have an effect on the speed of it. I doubt the extreme cold winters where I live help either. Someone in a more moderate climate than I could probably assume that their seat would be safe longer than I can. There's that pesky common sense again. :)

Posted by: Katie at August 1, 2005 7:14 AM

The primary reason I've always heard/read about as to why you shouldn't buy used car seats is that they may have been involved in a recall that you don't know about. Also, the plastic and other non-metal parts certainly do age do to exposure to ultraviolet rays and heat. In some parts of the country the inside of a car can routinely reach 140+ degrees F in the summer.

Posted by: Daniel at August 1, 2005 8:45 AM

Excessive exposure to UV (the sun) can break down plastics. All kinds of things can be spilled on the plastic and belt webbing that can damage and weaken them - although they clean OFF the belt and leave no visual damage.

Car seats are generally cheap - it's an inexpensive piece of insurance to buy a new one. And basic good liability protection for charities to refuse old ones. If they distribute NEW ones they can basically tell them to sue the manufacturer, distributing used ones makes the issue harder to define who is liable.

Posted by: Rootman at August 1, 2005 9:36 AM

Susan replaced two car seats after a minor accident due to a worry that they might not be as effective.

Susan (or anyone else): When was the last time you had your seatbelts replaced? After an accident they could be weakened. Over time they could degrade due to temperature extremes and UV.

Obviously most people don't replace them, as there isn't a need. How often do you hear of a problem from a used or old car seat? Rarely.

It's like mad-cow disease. It's a non-issue. Sure, you deal with it and limit it's impact, but you don't blow it out of proportion. There have only been about 250 people who got a disease linked to mad-cow. You are by *far* more likely to be killed (not just struck) by lightning.

If it's only an issue of liability, then there isn't an issue as long as the person who gets the used car seat acknowledges that fact and also acknowledges it's their responsibility to have the seat inspected.

Posted by: Anonymous at August 1, 2005 11:54 PM

It's probably just a case of "better to be safe than sorry." You know somebody would sue the charity if something happened. Just the world we live in...

Posted by: Jason Berggren at August 2, 2005 5:52 AM

Hate to inform most people of the world here, but automotive seatbelts should be replaced anytime you have had an accident. The material is engineered with a stress absorbing stretch to it. They are not elastic, so once stretched, lose the ability to dissipate the stresses borne in an accident.

If you've had an impact strong enough to leave welts and bruises under the belt, the belts have stretched and should be replaced. As to child's car seats, unless they have styrofoam type shock absorbtion, they are more likely to be reusable after an accident than the belts that restrain them.

Posted by: martinelli at August 2, 2005 9:02 AM

The car seats do come with an expiry date. After which the manufacture states that it will not accept any liabilty after that date. (This is the usuall reason for expiriy dates on certain processed foods too!)

So an injury of an infant in a carseat that you gave away with an expired date would result in you being sued. The new owners acknoledgement of the "used" status would only reduce damages.

So you should destroy, sell or give away carseats before the expiry date. Unless you have no assests or income and are therefore lawsuit proof.

Posted by: DCA at August 2, 2005 10:09 AM

whoever said carseats are cheep must have a lot of disposable income. I don't call $150.00 "cheep"

Posted by: L S at August 2, 2005 10:26 AM

LS: Car seats can be found at Wal-Mart or Target for as low as $40. You can also go on craigslist.com and find ones that people barely used for low prices. Most all counties in the U.S. have hospitals that offer car seats for sale for less than $40. So car seats are, relatively speaking, for the amount of benefit you get, cheap.

Anonymous: not to get off topic, but you should look into a book called Our Cannibals, Ourselves at the chapter about mad cow. Check your premises and assumptions at the door.

To Dave Taylor: the nonprofits won't take them because if the seats are recalled or damaged in a nonvisible manner, they could be held liable for any accident that is caused by the seat's failure. It's the same for resale shops and such. I've both bought and sold car seats through eBay and Craigslist without any problems.

Posted by: ALH at August 2, 2005 11:13 AM

I had a new infant car seat when my daughter was born but I had a neighbor give me the toddler seat and I have been using it ever since reluctantly. I didn't know about the concerns of used carseats but I had worries. I looked at buying a new seat but we are in the city and use public transportation or walk most of the time so I put it out of my mind thinking I was worrying needlessly. Reading this has made me want to buy a new one though. I would rather be safe that sorry.

Posted by: Nedra Zeall at August 5, 2005 1:48 PM

Has anyone ever heard of an organization who donates used car seats to parents in foreing countries?

Trisha

Posted by: Trisha at August 6, 2005 4:32 PM

The inside of a seat is usually just Styrofoam. Like a bicycle helmet, they are designed to crack on impact, to absorb shock. It is possible for a car seat's Styrofoam to get cracked -- with no visible exterior signs -- from a collision as slow as 5 m.p.h.

Additionally, seats are dated, something like seven years. After that date, the seat should be disposed of. I don't know the particulars, but count on it being a safety-related reason.

NEVER buy a car seat used unless you know it was never in any form of collision and trust the word of the seller with your child's life... and that the seat is rated for use through the time period you expect to use it. And that the seat hasn't been recalled.

I'm all for being frugal, but car seats are something best purchased new.

Posted by: AJ at August 7, 2005 9:51 PM

Here is the government's take on when to reuse a child safety seat, recently revised to be a bit more liberal. IMHO, they are too accommodating on the issue, but there ya go. Bottom line, you still are trusting the seller with your child's life.

http://www.nhtsa.dot.gov/people/injury/childps/ChildRestraints/ReUse/RestraintReUse.htm

Posted by: AJ at August 7, 2005 10:01 PM

The most logical thing I have been told is that the carseats are made to withstand wear and tear and collisions of course for a certain period of time. An infant carry carseat is made to withstand about a year's worth of use. So, if Baby 1 uses this carseat for a year and then Baby 2 uses same seat for another year and then you pass it on to Baby 3, that carseat has been in action for 3 years! When it was only designed to withstand wear and tear for 1 year! Same goes for other types of carseats, they are designed to last a specific period of time. They just weren't designed to hold up to unlimited use.

Posted by: mommyof2 at August 18, 2005 5:34 PM

I used to work for a charity that collected donated goods and sold them to Value Village (a used goods and clothing store). All baby paraphanalia (not clothing) and things like car seats, high chairs, cribs was pitched into the dumpster and not sold. Value Village was scared of the liability issues involved.

Posted by: Marc Erickson at September 14, 2005 7:54 PM

While wanting my children to be safe, I can't help suspecting that carseat manufacturers are onto a good thing with their "expiry dates" ! What a great way to generate income. Call me cynical.
My current problem with carseats is that, with the addition of baby #3, it's very difficult to comply with carseat legislation. We can't afford to, or even want to replace our station wagon with something even bigger, but fitting an infant seat and two boosters in the back is VERY fiddly. All those seats have such wide bases. Are there any "slimfit" models out there that anyone knows about? Then I WOULD be tempted to spend $$$ on new ones. The baby is currently using the same seat I got for my soon-to-be-six-year-old.

Posted by: Kate Weaver at June 3, 2006 6:41 PM

Our local sheriff's department offers safety inspections of car seats to make sure they are up to code and installed correctly. Definately worth looking into.

Posted by: Rex at June 27, 2007 9:56 PM

A couple of years back, I looked into starting a non-profit (charity) for used car seats. Preferrably those whose state law requires they need them prior to bringing home new born infants at the hospitals.

My only suggestion, in 2007, would be to check the major search engines for current research and updates, then your local city/state officials. You always want the safety of your child to supercede the value of a dollar.

-CLS

Posted by: Sailor at July 22, 2007 10:44 AM

I WOULD LIKE TO KNOW IF THERE IS A WAY TO RECYCLE THE OLD OUT DATED CAR SEATS. IF NOT WHY? I THINK SOMEONE SHOULD COME UP OF A WAY TO DO THIS. GRIND THEM OR MELT THEM DOWN AND THE PLASTIC PUT BACK INTO ANOTHER CAR SEAT OR SOMETHING ELSE USEFULL.

Posted by: COZETTE at September 20, 2007 1:48 PM

The question of legality depends on the state you are in. (if the seat was in an accident...hard to prove)I just came across the California law regarding the "sale of used car seats." Here what it states...
Child Passenger Restraint System: Prohibition Against Resale After Accident


27362.1. (a) No individual may sell or offer for sale a child passenger restraint system that was in use by a child during an accident involving a motor vehicle.

(b) A violation of this section shall be punished by a fine of one hundred dollars ($100).

Added Sec. 2, Ch. 703, Stats. 2002. Effective January 1, 2003

Posted by: kathryn thurman at December 24, 2007 8:22 AM
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