Product Liability Claims Involving Children’s Toys and Equipment in Michigan
Personal Injury Law
Parents trust that the toys and equipment they buy for their children are safe. Whether it is a stroller, crib, high chair, or electronic toy, families expect manufacturers to follow strict safety standards. Unfortunately, dangerous defects still make their way into homes, sometimes causing serious injuries. When that happens, parents may have the right to pursue a product liability claim. In Michigan, the law provides specific protections for consumers, but these cases can be complex. Understanding how children’s toys and equipment become dangerous and what makes a manufacturer or seller legally responsible can help families take the right steps after an injury.
How Children’s Products Become Unsafe
Children’s products can become hazardous in several ways. Some problems stem from the product’s design, while others arise during manufacturing or through inadequate warnings. Because children are smaller, less coordinated, and more vulnerable to harm, even a minor defect can cause significant injuries.
Design Flaws in Toys and Equipment
Design defects occur when the product’s overall design is unsafe from the start. For example, a crib with slats spaced too far apart could create a risk of a child getting stuck. A toy designed with detachable parts that become choking hazards might also reflect a design flaw. These issues affect every unit produced, not just one batch.
In Michigan, plaintiffs must show that the design made the product unreasonably dangerous and that a safer, practical alternative design existed. Because children often interact with toys in unpredictable ways, designers are expected to anticipate foreseeable misuse, such as chewing on plastic parts or pulling on loose components.
Manufacturing Errors That Lead to Defects
Even when a product’s design is sound, errors in production can create hazards. Manufacturing defects may include:
- Cracks in plastic from improper molding
- Loose screws in swings or high chairs
- Contaminated materials used in teething toys
- Faulty wiring in battery-powered products
Unlike design defects, manufacturing issues may only affect certain units or batches. This makes preserving the defective item critical in building a product liability case.
Insufficient Warnings and Instructions
Some products require clear instructions or warnings to ensure safe use. If those warnings are missing, unclear, or placed where parents are unlikely to notice them, the product may be considered defective. Examples include:
- A toy that requires adult supervision but is marketed toward young children
- A piece of equipment that poses a fall risk without proper anchoring instructions
- A product with small parts not labeled as a choking hazard
Companies must communicate risks clearly and in a way that the average consumer can understand.
Common Injuries Linked to Defective Children’s Products
Children’s products vary widely in how they are used, so the injuries caused by defects can range from mild to severe. Some of the most common injuries associated with defective toys and equipment include:
- Head injuries from collapsing strollers or high chairs
- Choking incidents from small, detachable components
- Burns from malfunctioning electronics
- Cuts or punctures from sharp edges or broken plastic
- Falls from defective swings, playsets, or booster seats
Some injuries may require emergency medical treatment, and others can have long-term consequences. Documentation such as medical records, photos, and the damaged product itself can play a major role in supporting a claim.
Who May Be Liable for Defective Children’s Products
Michigan law allows injured consumers to seek compensation from multiple parties involved in producing or selling a defective product. Liability does not fall on the manufacturer alone. Depending on the defect, several parties may share responsibility.
Manufacturers
Manufacturers are often the primary party involved in product liability claims. They are responsible for designing, testing, and producing the product. When an injury occurs because of a defective design, unsafe materials, or poor quality control, the manufacturer may be liable.
Distributors and Retailers
Sellers can also be held accountable. Retailers may be responsible if they sold a product they knew—or should have known—was unsafe. This may occur when a retailer continues selling an item after a recall or fails to remove known defective batches.
Testing Laboratories or Certification Companies
Some products require third-party testing, especially those intended for infants and young children. If a testing company failed to detect a defect that should have been caught, they may share liability.
Component Manufacturers
A toy or piece of equipment often contains multiple parts from different suppliers. If a specific part, such as a battery pack or metal support bar, is defective, the component maker may also be responsible.
How Michigan Law Handles Product Liability Claims
Michigan applies both strict liability and negligence standards in product liability cases. Under strict liability, a family does not need to prove that the manufacturer acted carelessly. They must only show that a defect existed and that it caused harm. This standard is particularly important when companies argue that they followed proper safety protocols or complied with national standards.
Negligence claims require showing that the manufacturer or seller failed to take reasonable steps to ensure the product’s safety. This could involve skipping safety tests, ignoring failure reports, or rushing a product to market without proper evaluation.
Michigan also recognizes breach of warranty claims. These claims arise when a product fails to meet the safety or performance promises made by the manufacturer or seller.
How Recalls Impact a Product Liability Case
A recall can strengthen a product liability case because it may show that the manufacturer was aware of a defect. However, a recall is not required in order to file a claim. Many dangerous products never go through the formal recall process, often because defects surface slowly or are discovered only after injuries occur.
If a product has been recalled, parents should stop using it immediately and preserve the item as evidence. They should also keep any recall notifications, product registration cards, or proof of purchase.
Building a Strong Case After a Child Is Injured
Parents dealing with the aftermath of a defective product injury often feel overwhelmed. They may be focused on medical care, replacing equipment, or trying to understand how the incident happened. However, taking certain steps can make a significant difference in the success of a claim. Some of the most important steps include:
- Preserving the product in the condition it was in at the time of the incident
- Saving packaging, manuals, receipts, and warranty information
- Photographing the injury and the scene where it occurred
- Keeping all medical records and follow-up treatment notes
- Avoiding repairs to the product, as this may alter important evidence
In many cases, expert analysis is needed to determine what made the product unsafe and which party is responsible. Attorneys working on product liability claims often collaborate with engineers, safety experts, and product testing specialists to build a comprehensive case.
Why Legal Help Is Important in Children’s Product Cases
Product liability cases involving children’s products are often more complex than other types of personal injury claims. Manufacturers and insurance companies may dispute responsibility, argue that the product was misused, or claim that the injury resulted from normal wear and tear.
An attorney experienced in Michigan product liability law can help families understand their rights and navigate these challenges. They can investigate the defect, identify responsible parties, gather expert testimony, and negotiate with insurers to pursue fair compensation.
At Smith & Johnson, the legal team understands how much trust parents place in the products they bring into their homes. When a company fails to meet safety standards and causes a child harm, the consequences are more than financial—they disrupt lives and create risks that no family should face alone.
Protecting Children and Holding Manufacturers Accountable
Children rely on adults to keep them safe, and adults rely on manufacturers to follow the law. When that trust is broken, families deserve answers and compensation for the harm their child has suffered. Michigan’s product liability laws exist to hold companies accountable and to encourage safer design, manufacturing, and testing practices.
If your child has been injured by a defective toy or piece of equipment, the attorneys at Smith & Johnson are ready to help you explore your options. Taking action not only protects your family, but it also helps prevent similar injuries from happening to others.
If you have any questions or need to get in contact with a Smith & Johnson representative, please
contact Tim Smith.
Traverse City Office
534 E. Front Street
Traverse City, Michigan 49686
231-946-0700 (fax: 231-946-1735)
Traverse City Mailing Address
PO Box 705
Traverse City, Michigan 49685