EXPERIENCED PERSONAL INJURY ATTORNEYS
Illinois Defective Children’s Products Lawyers
Top-Rated Accident Attorneys for Children Injured by Defective Toys, Cribs, Swings, and Baby Products
When a child is injured by a defective product, the emotional and physical toll on a family can be overwhelming. From toys and furniture to car seats and cribs, children’s products should meet the highest safety standards—but sadly, that’s not always the case. At John J. Malm & Associates, we represent families in product liability cases involving child injuries, helping them pursue justice against manufacturers who fail to protect the most vulnerable.
Understanding Product Liability for Child Injuries
Product liability refers to the legal responsibility of manufacturers, distributors, or sellers for placing defective or dangerous products into the hands of consumers. In the case of child injuries, product liability claims often stem from one of the following:
- Design defects
- Manufacturing defects
- Failure to warn or inadequate labeling
According to the Consumer Product Safety Commission (CPSC), children account for more than 60% of injuries from recalled products. The Centers for Disease Control and Prevention (CDC) notes that unintentional injuries are the leading cause of death among children in the U.S., with defective products often playing a significant role.
Examples of Products Commonly Involved in Child Injury Lawsuits
Over the years, numerous children’s products have been recalled due to safety concerns, often following litigation or pressure from consumer safety groups. Five such examples include:
- Fisher-Price Rock ‘n Play Sleeper – Recalled after multiple infant deaths due to rollovers.
- Bumbo Baby Seats – Recalled for risk of skull fractures from falls.
- Drop-side Cribs – Banned after widespread injuries and deaths due to entrapment.
- Magnet Toys – Swallowed magnets can attract inside the body, causing serious internal injuries.
- Inclined Sleepers – Linked to suffocation risks and multiple infant fatalities.
These recalls highlight how even trusted brands can release dangerous products. In many product liability cases, prior incidents—known as “other similar occurrences” or OSOs—are key pieces of evidence to prove a manufacturer knew or should have known of the risk.
Burden of Proof in Illinois Product Liability Cases
Under Illinois law, the burden of proof in a product liability case rests with the plaintiff. To succeed, the injured party must demonstrate that the product was unreasonably dangerous due to a defect in its design, a flaw in its manufacturing, or a failure to adequately warn of potential risks. The plaintiff must also establish that the defect existed when the product left the manufacturer’s control and that the defect directly caused the injury.
Case Law: Jablonski v. Ford Motor Co.
In Illinois, one notable product liability case is Jablonski v. Ford Motor Co., 955 N.E.2d 1138 (Ill. 2011). In Jablonski, the Illinois Supreme Court outlined key considerations that courts will evaluate in determining product liability. These include whether the manufacturer could reasonably foresee the risk of harm, whether an alternative safer design was feasible, the adequacy of any warnings provided, and whether the product met consumer expectations for safety. The case reaffirmed that liability may arise from both defective design and failure to warn, depending on the facts presented.
In that case, the Illinois Supreme Court reaffirmed that manufacturers have a duty to design products that are reasonably safe, and that the foreseeability of harm plays a central role in determining liability. Although not involving a child, Jablonski serves as an important precedent for establishing liability based on both defective design and failure to warn. This ruling helps support claims where a child is injured due to a known or foreseeable hazard that was not addressed by the manufacturer.
How a Child Product Liability Case Is Built
A product liability case involving a child often begins with a serious injury or death: a choking incident, a fall, or a product malfunction. From there, the process typically includes:
- Investigation – Attorneys gather evidence, including the product itself, packaging, instructions, and medical records.
- Expert Review – Product engineers and medical experts are brought in to evaluate defects and injuries.
- Other Similar Occurrences (OSOs) – Evidence that other children were hurt in similar ways is used to establish that the product posed a known risk.
- Recall & Regulatory Research – If the product has been recalled, it strengthens the case. Safety data from the CPSC or other agencies is reviewed.
- Litigation or Negotiation – A claim is filed, either through direct negotiation with the manufacturer or in court.
“When a child is hurt by a defective product, the case becomes about more than compensation—it’s about accountability,” said Illinois defective product attorney John J. Malm. “We use every legal and investigative tool available, including safety data and evidence of similar past incidents, to make sure the truth comes out and the child’s voice is heard.”
Frequently Asked Questions (FAQs) about Product Liability Claims for Children
1. What is considered a ‘defective product’ in a child injury case?
A defective product may be poorly designed, improperly manufactured, or inadequately labeled. Any of these can form the basis for a product liability claim.
2. Can I sue if my child was injured by a recalled product?
Yes. A recall can support your case by showing the manufacturer acknowledged the danger. However, a product does not need to be recalled for you to have a claim.
3. How long do I have to file a claim?
Illinois law generally allows two years from the date of injury, but for minors, this period may be extended. Consult an experienced Illinois personal injury attorney promptly to preserve your rights.
4. Do I need to keep the defective product?
Yes, if possible. The product itself is key evidence. Do not alter or repair it. Store it in a safe place and document its condition.
5. What damages can I recover for my child?
Damages may include medical expenses, pain and suffering, future medical costs, and in severe cases, compensation for permanent disability or disfigurement.
6. What if the product was given as a gift?
You can still file a claim. You do not have to be the product’s purchaser to bring a lawsuit on behalf of your injured child.
7. Will my case go to trial?
Many product liability cases settle outside of court, but we prepare every case as if it will go to trial to maximize results.
Why Choose John J. Malm & Associates for Your Child’s Product Liability Case?
At John J. Malm & Associates, we have decades of experience handling complex product liability cases, including those involving child injuries. Our team of six award-winning Illinois injury attorneys brings more than 90 years of combined experience, with offices in Naperville and St. Charles.
We understand the stakes when a child is injured. We work with national experts, medical specialists, and engineers to build strong, evidence-based cases. Whether it’s holding a global manufacturer accountable or recovering full compensation for a child’s care, we fight for what matters most.
If your child has been injured by a dangerous or defective product, contact us today at 844-MALMLAW or fill out our online form for a free consultation.