thread: Isofix.....

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  1. #1
    Registered User

    Jul 2009
    Riding it out...
    4,959

    Caz there is a chance of legal action against the parents to re-coup any money paid for medical treatment by TAC (or equivalent in your state) if they are found to have been negligent in using a seat that is not Australian approved, as it is illegal. There hasn't been a case of this yet, but it is possible if someone decides they want to make a point or an example. All things to think about.

  2. #2
    Registered User

    Feb 2011
    Sydney
    283

    There would be a vast difference between being charged with using an illegal seat and being sued for negligence. IMHO, I Think any court would have a hard time finding negligence when there are so many studies etc proving otherwise.... youvwould simply go to court and they would have to prove that the child would be safer in an Australian seat.... which I think would be near impossible.... legal eagles please correct me if I'm wrong

  3. #3
    Registered User

    Jul 2009
    Riding it out...
    4,959

    There would be a vast difference between being charged with using an illegal seat and being sued for negligence. IMHO, I Think any court would have a hard time finding negligence when there are so many studies etc proving otherwise.... youvwould simply go to court and they would have to prove that the child would be safer in an Australian seat.... which I think would be near impossible.... legal eagles please correct me if I'm wrong
    That's what I think too Caz. Negligence would have to be proven first, ie: that the seat you used was less safe than an Australian approved seat. I'm not sure how it works legally as to which party has to provide the testing I would imagine the suing party? Again any legal eagles out there that would know the answer to that? It's just all food for thought for anyone thinking of importing. I'm not a trained safety expert, but, I would highly doubt a correctly fitted and used European seat, that has also passed the Swedish plush test wouldn't beat an Aussie approved seat safety wise!

    Addit: I would so LOVE to see that crash test!!!!! I imagine Aussie experts would have swallow their egos and admit we don't have the safest CRS in the world any more

  4. #4
    Moderator

    Oct 2004
    In my Zombie proof fortress.
    6,449

    I completely get what is being said in this thread, but the simple fact it is Illegal, we cannot choose what laws we do or do not follow.

  5. #5
    Registered User

    Dec 2007
    Victoria
    7,260

    I completely get what is being said in this thread, but the simple fact it is Illegal, we cannot choose what laws we do or do not follow.

    Yes we can. We do it every day in fact. Having laws does not remove choice - the choice offered is to do xyz or not. If we choose not, the consequence is abc. It is still up to the individual to decide which path they will take, based on their own circumstance and reason.

    For example, your husband is having a heart attack in the seat beside you - are you really going to be driving to the hospital at 60kmh? No, you aren't, even though speeding is illegal.
    Do you always cross the road at a designated crossing? No, that would be impractical.

    There are many, many examples of how we choose which (and how) we follow what laws.


  6. #6
    Moderator

    Oct 2004
    In my Zombie proof fortress.
    6,449


    Yes we can. We do it every day in fact. Having laws does not remove choice - the choice offered is to do xyz or not. If we choose not, the consequence is abc. It is still up to the individual to decide which path they will take, based on their own circumstance and reason.

    For example, your husband is having a heart attack in the seat beside you - are you really going to be driving to the hospital at 60kmh? No, you aren't, even though speeding is illegal.
    Do you always cross the road at a designated crossing? No, that would be impractical.

    There are many, many examples of how we choose which (and how) we follow what laws.

    Personally to me there is a difference between a snap decision (eg speeding to save a life) and a thought out processing choosing to break the law. If my husband was dying I don't go "hey screw the law I will save him", breaking the law the does not even cross my mind.

  7. #7
    Registered User

    Dec 2007
    Victoria
    7,260

    And many think the same way about the safety of their children in cars. That their safety is paramount, above any law saying they can't use a product that exists at a higher safety standard than what we have on offer here.
    It is a fair comparison, I think.

  8. #8
    Registered User

    Aug 2008
    Melbourne
    1,539

    For those of you who want to see why some of us are so passionate about ERF, take a look at You Tube "Front facing or Rear facing? Car seat safety TRUE STORY crash test videos" - and if that's not enough to make you think about not ERF'ing your child, generally search front facing versus rear facing. I agree that these videos wouldn't support a court case (but expert testimony probably would) but they are eye opening.