Selecting the right products for a newborn is one of a parent’s most critical responsibilities, especially within a vast and rapidly growing industry.
Grand View Research estimated the global baby products market at USD 320.65 billion in 2023. This market is projected to reach USD 475.15 billion by 2030, representing a steady annual growth rate of 5.9%. This growth is largely fueled by consumers’ increasing preference for high-quality, utility-focused, and premium baby products.
However, a higher price tag or a “premium” label does not always guarantee safety. As the market floods with new gadgets, advanced strollers, and “smart” nursery gear, the risk of design flaws and manufacturing defects increases.
When a product intended to protect or nourish a child fails, the consequences can be devastating. Taking the right steps after an injury helps protect your child and other families.
This article outlines the essential steps parents should take when a defective product injures their baby.
Understanding the Prevalence of Product Defects
Product defects affecting children’s items are far more common than many parents realize, representing a significant public health concern. According to Statista, American parents report numerous annual incidents of children falling, choking, or suffering burns due to unsafe goods. While the frequency of recall events has fluctuated, the actual volume of hazardous items in circulation is rising sharply.
In 2023, approximately 100 children’s products were recalled across the United States. While this represents fewer individual recall actions than the 200 reported in 2008, the scale of affected units tells a more alarming story.
In 2008, recalls involved roughly 19 million units. However, in 2023, that number surged to over 80 million units returned to manufacturers. These figures state that even with fewer recall announcements, the sheer number of hazardous products reaching homes is at a record high.
Recognizing this prevalence is necessary. It empowers parents to take swift action, report incidents, and hold brands accountable for these widespread safety failures.
Seek Immediate Medical Attention
When a baby is injured by a defective product, prioritizing immediate medical care is essential. Even seemingly minor injuries can mask serious underlying complications that require a professional medical evaluation to identify and treat properly. Prompt evaluation ensures appropriate treatment and creates essential medical records that may be needed later.
Recent safety data underscores this urgency. According to the National Safety Council, consumer product–related injuries rose by 6.8% in 2021 and 7.8% in 2022. After a smaller increase of 0.6% in 2023, injuries surged sharply by 18.2% in 2024 following historic lows in 2020.
The Consumer Product Safety Commission reported that emergency department visits for these injuries declined during the early months of the COVID-19 pandemic. However, those declines have since reversed. This sharp rise highlights growing risks associated with consumer products.
Parents should seek thorough medical care and keep all records and bills to protect their child’s health and legal rights.
Preserve the Defective Product
After ensuring your baby’s safety and medical care, keep the defective product intact, exactly as it was at the time of the injury. Do not attempt to fix, clean, or alter the product in any way, as this could destroy valuable evidence needed to establish your case.
Keep the product in a secure place to prevent damage or accidental disposal. If possible, take photos from multiple angles, showing any defects, warning labels, and the product’s condition at the time of the injury.
Also, preserve the product’s packaging, instruction manual, warranty information, and purchase receipt. This evidence establishes the product’s condition, confirms proper use, and identifies the responsible parties, all of which are essential elements in a product liability case.
Report the Incident to Appropriate Authorities
Reporting a defective product to the appropriate authorities is crucial for safeguarding other children and supporting any potential legal action. If you believe a product may be unsafe or want to check for prior incidents before buying, visit SaferProducts.gov.
This publicly searchable database allows consumers to report injuries, harms, or potential risks associated with products and substances under the CPSC’s jurisdiction. It covers a wide range of items, including toys, appliances, and clothing.
Filing a detailed report establishes an official record and helps regulators detect hazardous patterns, which can lead to mandatory recalls that support your claims. Parents should also notify the manufacturer in writing and inform the retailer to create a paper trail.
For severe injuries, filing a police report may also be appropriate. Taking these steps ensures your incident is documented by experts and provides critical evidence that the product posed a genuine risk to public safety.
Product Liability Law and Your Injury Claim
If a defective product injures your baby, you may have grounds for an injury lawsuit against the manufacturer, distributor, or retailer. Product liability law holds companies accountable for design flaws, manufacturing errors, or inadequate warnings.
According to Lesser, Landy, Smith & Siegel, PLLC, products that cause injury can make designers, manufacturers, marketers, distributors, and sellers liable for the harm. To win a claim, you need to show that the product was defective, the defect led to the injury, and the product was used as intended.
Managing intricate legal procedures while focusing on your child’s recovery can be incredibly taxing. Seeking guidance from a specialized attorney is a strategic move, particularly since many provide free case evaluations. A skilled lawyer can identify all responsible parties, handle communications with insurance companies, and bring in expert witnesses to support your case.
Professional legal representation greatly improves the chances of fair compensation and holds negligent corporations accountable.
Your Right to Take Action
Parents should know that pursuing legal action after a baby is injured by a defective product isn’t just about seeking compensation. It’s also about protecting other children from similar harm. You have the right to seek justice when negligence harms your baby, whether through an individual claim or a class action.
However, obtaining a remedy can be difficult. According to FindLaw, businesses sometimes refuse to help, claiming improper use or expired warranties. While some refusals are legitimate, others may violate consumer protection laws.
Telling the difference between a legitimate refusal and a violation of your rights can be difficult, particularly with strict statutes of limitations in place. These deadlines make prompt action essential to protect your claim. Whether your case resolves through a settlement or goes to trial, legal guidance is essential if the company doesn’t offer a fair resolution.
By taking action, you ensure that negligent companies cannot ignore the safety of the most vulnerable members of society.
Frequently Asked Questions
Is there strict liability for defective products?
Yes, strict liability applies in many product defect cases. This means a manufacturer, distributor, or seller can be held legally responsible for injuries caused by a defective product, regardless of negligence. Plaintiffs only need to prove the product was defective, caused harm, and was used as intended or reasonably foreseeable.
How are product liability claims resolved?
Product liability claims can be resolved through out-of-court settlements or by going to trial. Settlements provide negotiated compensation, while trials involve presenting evidence before a judge or jury. Legal representation helps prove defects, establish liability, and ensure fair compensation for medical expenses, pain, and other damages.
Can I still file a claim if I threw away the defective product?
While having the physical product strengthens your case significantly, you may still pursue a claim without it. Your medical records, photographs, witness testimony, and documentation of the incident can provide supporting evidence. However, preserving the product whenever possible is strongly recommended for the best-case outcome.
Taking swift and informed action when a baby is injured by a defective product is crucial for their safety and well-being. Reporting the incident, seeking medical care, and understanding your legal rights can protect your child and help prevent future harm to others. Consulting a qualified attorney ensures your family receives proper guidance, accountability is enforced, and fair compensation is pursued.
