Child Booster Seat Laws in Arizona

In Arizona, if you have children under eight years of age, you must secure them in an appropriate, approved child restraint system when operating a motor vehicle. Failure to use a child restraint system as required by Arizona law can result in a civil penalty of $50.

At Stone Rose Law, we represent people injured in motor vehicle accidents in Arizona, including parents filing lawsuits on behalf of their children. In this article, we examine Arizona’s legal requirements for child restraint systems, also known as child safety seats or child booster seats, and how these safety seats can affect your compensation recovery.

To learn more, call us at (480) 631-3025 to speak with an experienced Arizona car accident lawyer or reach us online to set up a free consultation and case evaluation.

What Children are Subject to Arizona’s Child Car Seat Laws?

Arizona car seat laws apply to the following children and situations:

Children Under Five Years Old

When you are operating a motor vehicle in Arizona and transporting a child under age five, that child must be properly secured in a child restraint system.

Children Aged Five Through Seven Years Old Up to 57 Inches Tall

If you are transporting a child who is at least five years old but less than eight years old and who is four feet nine inches tall or shorter, this child must be in a child restraint system.

What is an Approved Child Restraint System?

Under Arizona Revised Statutes (ARS) Section 82-907(O)(1), A child restraint system can be any of:

a factory-installed built-in child restraint system
any other built-in child restraint system
an add-on child restraint system
a rear-facing child restraint system
a booster seat

Child seats must be compliant with the requirements established under 49 Code of Federal Regulations Section 571.213.

What is the Child Passenger Safety Progression in Arizona?

For children under 16, seat belts are required regardless of their seating position. The type of child restraint system to use in combination with seatbelts depends on the child’s age and weight.

Children should be in a rear-facing car seat that is secured properly to the vehicle’s seat until they are at least one year old and weigh at least 20 pounds. There is nothing wrong with continuing to use a rear-facing seat until the child reaches the manufacturer’s height or weight limits.
When a child outgrows a rear-facing car seat, the next step is to use a forward-facing car seat with a five-point harness. This kind of seat is suitable for children between the ages of one and five years.
When a child outgrows the front-facing seat, the next step is a booster seat with a shoulder harness until the child is eight years old or reaches a height of four feet, nine inches.
Once the child is at least eight years of age and at least four feet nine inches tall, they can graduate to using a seatbelt only.

Arizona law does not require seating a child in the rear seat when using a child restraint system. However, safety experts recommend that children under 13 years old ride in the back seat, as it is generally a safer place for them in the event of a collision.

Many local police and fire departments offer free car seat inspections to ensure child car seats are installed correctly and can provide guidance on proper car seat installation. For more information, you can contact the Child Safety Seat Hotline at 602-543-8687.

What are the Exceptions to Arizona Car Seat Laws?

The requirements to use child restraint systems in Arizona are not absolute. ARS 28-907(H) identifies the following exceptions:

Your child is riding in a vehicle designed to carry more than 10 passengers (for example, a school bus).
Your vehicle was originally manufactured with no passenger restraint devices.
You are operating a recreational vehicle, as ARS 41-4001(33) defines it.
You are operating a commercial motor vehicle and have a commercial driver’s license.
You need to transport a child to receive medical care in an emergency.
You are operating an authorized emergency vehicle and are transporting a child for emergency medical care.
You are transporting more than one child under age eight in a motor vehicle that, because of its size, has a passenger area without enough room to have the required number of child restraint systems in place, as long as at least one child is using a child restraint system as required by law and you have secured as many of the other children in child restraint systems as you reasonably can given the size of the vehicle and the number of children you are transporting.

Penalties for Failing to Follow Booster Seat Laws

The penalty for failing to comply with child restraint system laws in Arizona is a $50 fine.

You can avoid this fine if you make a sufficient showing that you have subsequently equipped your vehicle with a child restraint system that meets the standards required by ARS 28-907. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences the purchase or acquisition of an appropriate car seat.

How Can Arizona Child Safety Seat Laws Affect Personal Injury Claims?

If you are in a car crash with children in the car, and do not have an appropriate child passenger safety restraint system in place, or your child was otherwise not properly restrained, this could reduce how much you recover in a personal injury settlement or lawsuit due to comparative negligence.

Comparative negligence in Arizona means that if the plaintiff in a personal injury claim is partly to blame for an accident or injuries suffered because of it, how much the plaintiff can receive in fair compensation will be reduced by the same percentage as the percentage of the plaintiff’s assigned share of fault.

For example, if you receive a settlement or judgment award of $20,000 in a personal injury case that involved harm to a child, but the defense shows that you were 25% at fault because the child was not in a legally-required child restraint system when the accident happened, then your compensation will be reduced to $15,000 (75% of your original compensation).

Product Liability Claims Involving Defective Child Restraint Systems

Product makers and, in some cases, those who sell products can be liable for harm caused if the product is inherently and unreasonably dangerous as designed or manufactured for its intended use and injury results.

This legal theory of liability is known as product liability, and it applies to child passenger safety seats that are dangerously designed or built. If you are a first-time buyer of such a defective product, then the seller may also be liable to you under product liability.

A product liability claim can be based on negligence, breach of warranty, improper instructions or incorrect labeling, or strict liability.

Do You Have Questions About Car Seat Laws in Arizona?

Car accidents involving young passengers can lead to serious injury to your child’s body and head, or even a preventable death. Having an appropriately installed, approved child safety seat can significantly reduce this risk and help you stay in compliance with Arizona law.

Still, if you have been in an auto accident in Arizona and a child subject to the state’s child restraint system law suffered injuries, you can call Stone Rose Law at (480) 631-3025 for advice on your legal options. You can also use our online contact form to communicate with an experienced Arizona auto accident attorney and to schedule a free consultation and case evaluation with us.