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child restraint law

A crash can turn routine school drop-off or a short drive to the store into a life-changing injury if a child is riding without the right protection. A child restraint law sets the rules for when a child must ride in a car seat, booster seat, or properly fitted seat belt, based on age, weight, height, or a mix of those factors. Its purpose is straightforward: children are not protected by adult restraint systems the same way adults are, so the law requires equipment matched to a child's size and stage of development.

In practical terms, this law affects everyday choices that can matter after a collision. Police may cite a driver if a child was not secured correctly, and that can become part of the evidence in an injury claim or wrongful death claim. It may also shape arguments about who was at fault, whether injuries were made worse by improper restraint use, and how damages are calculated.

In Delaware, the main rule appears in 21 Del. C. § 4803. As applied in 2025, it generally requires children through age 7 or weighing 65 pounds or less to be secured in an appropriate child restraint system, with older children subject to seat belt requirements. In a Delaware injury case, the state's modified comparative fault rule also matters: under 10 Del. C. § 8132, a claimant who is more than 50 percent at fault cannot recover damages.

by Patricia Hazzard on 2026-03-26

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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