Defective Baby Product Lawsuit Michigan: Protecting Your Child

You did everything right. You researched. You read reviews. You trusted the labels and instructions. And yet, the product meant to protect your baby—ended up causing harm.

It’s every parent’s nightmare. A car seat fails in a crash, a crib collapses without warning, a teething toy breaks into choking hazards, or a bottle warmer sparks a fire while your child is just inches away.

These aren’t rare freak accidents. These are manufacturing failures, design flaws, and corporate oversights that have injured—sometimes even killed—children across Michigan and the country.

The emotional toll is crushing:

• Fear that it could happen again
• Betrayal by the companies you trusted
• Guilt, even when you know it wasn’t your fault
• And most of all—rage that your child had to suffer for someone else’s negligence

At Marko Law, we understand that nothing is more sacred than your child’s safety. And when that safety is ripped away by a defective or recalled baby product, we don’t just offer sympathy—we take action.

We’ve helped Michigan families hold major corporations, online retailers, and careless distributors accountable for dangerous products that never should have been on the shelves. Whether your case involves a recalled item, a hidden defect, or a product that never warned of the risks—you may have a powerful legal claim.

How Defects Happen: Manufacturing, Design & Warning Failures

Design Defect

This happens when the product is inherently dangerous—even when used correctly. The flaw lies in how the item was conceptualized, making it unsafe for any child.

Manufacturing Defect

Sometimes the design is safe—but something goes wrong on the assembly line. If one batch of car seats, strollers, or cribs is built with the wrong part or faulty materials, it can lead to catastrophic failures.

Failure to Warn

Even when a product is properly designed and manufactured, manufacturers are still legally obligated to warn parents of any known risks. That means:

• Clear warning labels
• Detailed instructions
• Disclosure of risks (choking hazards, age restrictions, temperature limits, etc.)

Regulatory Oversight & Safety Standards

Several federal agencies and safety organizations oversee the baby product industry:

• CPSC (Consumer Product Safety Commission) – Handles recalls, safety alerts, and enforces standards for products like cribs, high chairs, and strollers.
• ASTM International – Sets voluntary safety standards many reputable manufacturers follow.
• FDA (Food and Drug Administration) – Oversees baby formula, teething gels, and ingestible products.

What Laws Protect Children in Michigan?

Michigan Product Liability Law (MCL 600.2945 et seq.)

Under Michigan’s product liability statute, if a product is:

• Defectively designed,
• Manufactured improperly, or
• Lacking proper warnings

…then manufacturers, distributors, and retailers can be held strictly liable for any injuries it causes.

Federal Consumer Product Safety Act

This law gives the Consumer Product Safety Commission (CPSC) the power to:

• Investigate dangerous baby products
• Issue recalls
• Enforce safety standards
• Penalize companies that fail to report known hazards

If a manufacturer fails to recall or report a dangerous baby product, that can be a major factor in your lawsuit.

Magnuson-Moss Warranty Act

This federal law covers product warranties. If the baby item was sold with a written or implied warranty, and it failed to perform safely or as promised, you may also have a warranty-based claim.

This is particularly relevant for higher-ticket items like:

• Baby monitors
• Cribs and nursery furniture
• Car seats and strollers
• Smart bassinets or electronics

Strict Liability vs. Negligence in Michigan

In many baby product injury cases, strict liability applies. That means:

• You don’t have to prove the company was careless—only that the product was defective and dangerous
• The burden shifts to the manufacturer to show that the product was not at fault

However, in some cases—especially involving failure to warn or misleading marketing—you may also have a negligence claim.

What to Do If a Baby Product Hurts Your Child

Seek Immediate Medical Attention

Your child’s health comes first. Even if the injury seems minor, get it documented by a medical professional right away. Some issues—like internal injuries, developmental impacts, or toxic exposure—might not show symptoms right away but can become serious quickly.

Preserve the Product and Packaging

Do not throw anything away. Keep:

• The defective product (even if broken)
• All parts and accessories
• Original packaging
• Instruction manuals, receipts, or warranty cards

Take Photos of the Injuries and Product

Document everything. Take clear, time-stamped photos of:

• Your child’s injuries (from multiple angles)
• The product in question
• Any broken or malfunctioning parts
• Where and how the injury occurred (crib, high chair, etc.)

Report the Product to CPSC or FDA

If the product is part of a broader safety issue, report it to the proper federal agency:

• CPSC.gov – for most baby products like cribs, toys, swings, strollers
• FDA.gov – for items like baby formula, teething gels, or ingestibles

Contact an Attorney Before Speaking With the Manufacturer

Do not speak with the product company, insurance adjusters, or their lawyers before getting legal advice. They may offer a quick settlement—or try to twist your words to reduce liability.

At Marko Law, we’ll deal with the companies so you can focus on your child. We’ll preserve evidence, file claims, and fight to protect your family’s future.

Who Can Be Held Liable?

Manufacturers

This includes the company that designed, assembled, or built the product—whether it's a global brand or a local factory. Manufacturers are often the main targets in product defect lawsuits because they’re responsible for:

• Safe design and production
• Conducting product testing
• Including proper warnings and instructions

Distributors and Wholesalers

These are the middlemen between the manufacturer and the store. If they altered, damaged, or mishandled the product before it reached consumers—or knowingly sold unsafe goods—they may be part of your lawsuit.

Retailers and Online Platforms

Big names like Amazon, Walmart, Target, and others are not immune. If they sold a defective or previously recalled product, they can be held liable for:

• Failing to pull recalled items from shelves
• Selling untested or unapproved baby gear
• Not warning customers about known risks

Licensing Companies and Designers

In some cases, the company whose name is on the product didn’t actually make it—they licensed their brand. If their name influenced your purchase decision, and they failed to ensure product safety, they may also be liable.

Childcare Facilities or Daycares

If your baby was injured at a daycare or babysitter’s home, and the caregiver used:

• A recalled or defective product, or
• Misused a product in a way that violated safety standards

…they may also share legal responsibility—especially if they failed to follow Michigan Child Care Licensing Rules.

What Compensation Can You Recover?

Medical Expenses (Current and Future)

• ER visits and ambulance costs
• Hospital stays and surgeries
• Pediatric specialists and follow-up care
• Medications, equipment, or therapy
• Long-term care or in-home support (for permanent injuries)

Pain and Suffering (Child and Family)

Physical pain, emotional distress, and daily hardship can’t be measured in dollars—but they matter deeply in court.

• Infant pain and discomfort
• Parent emotional anguish
• Disruption to the family’s life and routines

Permanent Disability or Developmental Impact

Some defective products cause lifelong consequences: brain injuries, nerve damage, burns, or developmental delays.

We pursue damages for:

• Loss of function or mobility
• Cognitive or sensory impairment
• Special education or therapy needs
• Reduced quality of life

Emotional Trauma and Loss of Parental Time

Caring for an injured child takes a toll:

• Missed work and lost income
• Sleepless nights and stress
• Strain on siblings and family dynamics

Punitive Damages

If the company acted with gross negligence, willful disregard, or failed to issue a recall after known injuries, you may be entitled to punitive damages.

These are meant to punish and send a message—that risking children’s lives will not go unpunished.

Defending What Matters Most

Your child deserved protection—not a product that caused harm. As a parent, you placed your trust in a company that promised safety, quality, and peace of mind. Instead, you were met with injury, heartbreak, and unanswered questions.

At Marko Law, we don’t just see another product liability case. We see families betrayed, babies suffering, and corporations dodging responsibility. That’s not acceptable—not in Michigan, not anywhere.

We take on powerful manufacturers, national retailers, and big-box brands—and we don’t back down. From uncovering hidden defects to exposing regulatory violations, we will fight for answers, accountability, and the compensation your family deserves.

If your child was hurt by a crib, car seat, toy, bottle warmer, formula, or any baby product that turned out to be unsafe—you are not alone, and you are not powerless.

Let us be your voice. Let us help you fight back.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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