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Mine do as well, but then again mine stay in the upright position 100% of the time so I don't have that issue. If you use the full 24" depth I don't see any risk with rear passenger injury. I'll get pics in the near future but if I were to guess, I'd say it comes up about about 2" short of the top of the headrests (if you draw a vertical line straight up). In the event of an accident the headrest as well as the seat belt would prevent my passenger heads from hitting the top grid or the vertical barrier grid anyway.
