Defective Children’s Product Lawyer Georgia – Protecting Georgia’s Children

Parents trust that the products they buy for their children – toys, cribs, car seats, high chairs, strollers, and countless other items – are safe. When a manufacturer releases a defective product that injures or kills a child, the devastation is immeasurable. Children are uniquely vulnerable to product defects because they lack the ability to recognize dangers, cannot read warnings, and often use products in ways that manufacturers should anticipate but frequently fail to account for.

At Wetherington Law Firm, our Georgia defective children’s product lawyers represent families whose children have been harmed by dangerous toys, nursery equipment, car seats, children’s furniture, and other products designed for children. We understand the federal safety regulations that govern children’s products, the Georgia product liability laws that hold manufacturers accountable, and the unique challenges of pursuing claims on behalf of injured children.

If your child has been injured by a product that was defective, improperly designed, or inadequately labeled, our attorneys can evaluate your case and fight for justice on your family’s behalf.

Georgia Product Liability Law and Children’s Products

Georgia’s product liability framework provides families with robust legal tools to hold manufacturers of children’s products accountable. Because children are foreseeable users of children’s products, manufacturers are held to a heightened standard – they must anticipate the ways children actually interact with products, not just the ways adults intend for children to use them.

Strict Liability Under O.C.G.A. § 51-1-11

Under Georgia’s strict liability statute, O.C.G.A. § 51-1-11, a manufacturer of a children’s product is liable for injuries caused by a defective product regardless of whether the manufacturer was negligent. The manufacturer is strictly liable if the product was defective when it left the manufacturer’s control and that defect caused the child’s injury. This eliminates the need for the family to prove that the manufacturer was careless – only that the product was defective.

Three Types of Children’s Product Defects

Consistent with the Restatement (Third) of Torts: Products Liability adopted by Georgia, children’s product defects fall into three categories:

1. Design Defects

A design defect exists when the product’s design is inherently dangerous for its intended users – children. Design defect claims argue that the product should have been designed differently to eliminate or reduce the risk of injury. Georgia courts apply a risk-utility analysis that considers:

• The severity of potential harm to children
• The likelihood that children will encounter the hazard during foreseeable use (and foreseeable misuse)
• Whether a feasible safer design existed
• The cost of implementing the safer design
• Consumer expectations about the product’s safety for children

For children’s products, the risk-utility analysis is weighted heavily toward safety because the intended users are children who cannot protect themselves. Courts recognize that manufacturers of children’s products must anticipate that children will put objects in their mouths, climb on furniture, test products in unintended ways, and generally interact with products differently than adults.

2. Manufacturing Defects

A manufacturing defect occurs when a specific product deviates from the manufacturer’s design specifications. Common manufacturing defects in children’s products include:

• Small parts that were not supposed to be detachable becoming loose due to inadequate assembly
• Paint or coatings that contain lead or other toxic substances due to manufacturing errors
• Structural components that are weaker than specified due to material substitution
• Safety latches or restraints that do not function properly due to assembly errors
• Products that fail to meet the manufacturer’s own strength or durability specifications

3. Marketing Defects (Failure to Warn)

A marketing defect exists when the manufacturer fails to provide adequate warnings about known dangers or fails to include proper instructions for safe use. In children’s product cases, failure-to-warn claims are particularly significant because:

• Children cannot read or understand warnings, so warnings must be directed at parents and caregivers
• Age-grading on products must accurately reflect the developmental abilities and hazards for each age group
• Assembly instructions must be clear enough that parents can properly assemble the product
• Warning labels must be prominent, permanent, and specific about the nature of the hazard
• Manufacturers must warn about foreseeable misuse scenarios that could injure children

The Attractive Nuisance Doctrine

While the attractive nuisance doctrine traditionally applies to premises liability, the underlying principle – that children are attracted to dangerous things and cannot appreciate risks the way adults can – strongly influences children’s product liability analysis. Manufacturers know that their products will attract children and must design them accordingly. A product that is attractive to children but contains hidden dangers is inherently defective.

Federal Regulation of Children’s Products

Children’s products are subject to extensive federal regulation administered by the U.S. Consumer Product Safety Commission (CPSC). Understanding these regulations is critical in defective children’s product cases because they establish mandatory safety standards that manufacturers must meet.

The Consumer Product Safety Improvement Act (CPSIA)

The Consumer Product Safety Improvement Act of 2008 (CPSIA) significantly strengthened safety requirements for children’s products. Key provisions include:

• Lead content limits: Children’s products must not contain more than 100 parts per million (ppm) of lead in any accessible part
• Phthalate restrictions: Certain phthalates (chemical plasticizers) are banned in children’s toys and child care articles at concentrations exceeding 0.1%
• Third-party testing: All children’s products must be tested by an accredited third-party laboratory for compliance with applicable safety standards before they can be sold
• Tracking labels: Children’s products must have permanent, distinguishing marks (tracking labels) that identify the manufacturer, production date, and batch or lot number
• Children’s Product Certificate (CPC): Manufacturers and importers must issue a certificate certifying that each children’s product complies with all applicable safety rules

CPSC Mandatory Safety Standards

The CPSC has promulgated mandatory safety standards for numerous children’s product categories, including:

• 16 CFR Part 1219-1220: Full-size and non-full-size cribs
• 16 CFR Part 1218: Play yards
• 16 CFR Part 1225: Hand-held infant carriers
• 16 CFR Part 1222: Bedside sleepers
• 16 CFR Part 1223: Infant swings
• 16 CFR Part 1221: Toddler beds
• 16 CFR Part 1500.18: Banned hazardous substances in toys and other children’s articles
• ASTM F963: Standard Consumer Safety Specification for Toy Safety (incorporated by reference into federal law)

CPSC Recalls

The CPSC works with manufacturers to recall dangerous children’s products. In recent years, the CPSC has recalled hundreds of children’s products due to hazards including:

• Choking hazards from small parts
• Strangulation hazards from cords, strings, and drawstrings
• Suffocation hazards from soft bedding and sleep products
• Fall hazards from unstable furniture and equipment
• Burn hazards from overheating electronics and batteries
• Laceration hazards from sharp edges and points
• Toxic exposure from lead paint, heavy metals, and chemical hazards

A CPSC recall involving the product that injured your child is powerful evidence supporting a product liability claim. Our attorneys monitor CPSC recall databases and match recalled products to client injuries.

Safe Sleep Regulations

In 2022, the CPSC’s Safe Sleep for Babies Act took effect, banning the manufacture and sale of crib bumpers and inclined infant sleep products with an incline greater than 10 degrees. This followed years of infant deaths linked to these products. Manufacturers who sold these products before the ban may still be liable for injuries and deaths they caused.

Common Defective Children’s Product Cases

Our Georgia attorneys handle a wide range of defective children’s product cases, including:

Defective Toys

Toy-related injuries send approximately 150,000 children to emergency rooms in the United States each year. Common toy defects include:

• Choking hazards: Small parts that detach from toys and can be swallowed or inhaled by young children. Under CPSC regulations, toys for children under 3 must not contain small parts. For children aged 3-6, small parts must be identified with appropriate warnings
• Toxic materials: Lead paint, phthalates, cadmium, and other toxic substances used in toy manufacturing, particularly in imported toys
• Sharp edges and points: Toys with edges or points that can cut or puncture children’s skin
• Projectile hazards: Toys that launch projectiles with excessive force or that can propel unintended objects
• Battery hazards: Button batteries that can be swallowed, causing severe internal burns and death, and lithium-ion batteries that can overheat and catch fire
• Strangulation hazards: Strings, cords, ribbons, and elastic bands on toys that can wrap around a child’s neck
• Magnets: High-powered magnets that can be swallowed and attract through intestinal walls, causing perforation, sepsis, and death

Defective Cribs and Sleep Products

Sleep-related products are among the most dangerous categories of children’s products. Defects in cribs and sleep products can cause suffocation, strangulation, and entrapment:

• Crib structural failure: Slat breakage, side rail collapse, or hardware failure that creates entrapment hazards
• Drop-side cribs: Drop-side mechanisms that malfunction, creating gaps where infants can become trapped and suffocate (banned since 2011)
• Inclined sleepers: Products with excessive incline that allow infants to roll into positions where they cannot breathe (banned since 2022)
• Mattress fit: Mattresses that do not fit properly within the crib, creating gaps where infants can become trapped
• Bassinet and cradle defects: Structural failures, fabric tears, and hardware malfunctions
• Crib bumper suffocation: Padded crib liners that can press against an infant’s face and obstruct breathing (banned since 2022)

Defective Car Seats and Child Restraints

Car seats are one of the most critical safety products for children, and defective car seats can have fatal consequences. Car seat defect cases include:

• Harness failure: Harness straps or buckles that release during a crash, allowing the child to be ejected from the seat
• Structural failure: The car seat shell cracks or breaks during a crash, failing to protect the child
• Base detachment: The car seat separates from its base during a collision
• Inadequate side-impact protection: Car seats that do not adequately protect children in side-impact crashes
• Installation defects: Designs that are unreasonably difficult to install correctly, leading to widespread misinstallation
• Material degradation: Plastics and fabrics that degrade over time, weakening the seat’s structural integrity

Defective Strollers and Carriers

Stroller and carrier defects can cause falls, amputations, entrapment, and suffocation:

• Folding mechanism hazards: Strollers that collapse unexpectedly or have folding mechanisms that can pinch, lacerate, or amputate children’s fingers
• Wheel and axle failure: Wheel detachment or axle failure that causes the stroller to tip over
• Restraint system failure: Harness or crotch strap failures that allow children to slide down and become entangled
• Baby carrier suffocation: Soft-structured carriers and slings that position infants in ways that obstruct breathing
• Tip-over hazards: Strollers with inadequate stability that tip over on uneven surfaces or when older children stand on the footrest

Defective Children’s Furniture

Furniture tip-overs are a serious and often fatal hazard for young children:

• Dresser and bookshelf tip-overs: Unstable furniture that tips forward when drawers are opened or children climb on it, crushing the child underneath. CPSC has promulgated mandatory stability standards (ASTM F2057) addressing this hazard
• Television stands: Stands that do not adequately secure televisions, allowing them to fall on children
• Bunk bed hazards: Guardrails with gaps that allow entrapment, ladders that detach, and structural failures
• Changing table failures: Inadequate restraint systems and structural failures that allow infants to fall

Defective Children’s Clothing

Children’s clothing can pose serious hazards:

• Drawstring strangulation: Drawstrings on hoods and necklines that can catch on playground equipment, bus doors, or other objects and strangle children. CPSC has banned drawstrings on children’s upper outerwear for sizes 2T-12
• Flammability: Children’s sleepwear and clothing that does not meet federal flammability standards (16 CFR Parts 1615-1616)
• Button and snap hazards: Buttons, snaps, and decorations that detach and present choking hazards

Georgia’s Statute of Limitations for Children’s Product Liability Claims

Two-Year Statute of Limitations (O.C.G.A. § 9-3-33)

Under O.C.G.A. § 9-3-33, the general statute of limitations for personal injury claims is two years from the date of injury.

Tolling for Minors (O.C.G.A. § 9-3-90)

Critically, O.C.G.A. § 9-3-90 provides that the statute of limitations is tolled (paused) for minors. This means the two-year statute of limitations does not begin to run until the child reaches the age of 18. A child injured by a defective product at age 3 would have until age 20 to file a claim.

However, parents should not wait to pursue a claim on behalf of their injured child. Evidence deteriorates over time, witnesses become unavailable, companies destroy records, and products are lost or discarded. Filing promptly ensures the strongest possible case.

The Statute of Repose (O.C.G.A. § 51-1-11(b))

Georgia’s ten-year statute of repose for product liability claims applies even when the injured person is a minor. This sets an absolute outer deadline for filing, running from the date the product was first sold. However, the interplay between the minor tolling provision and the statute of repose can create complex timing issues that require legal analysis.

Wrongful Death Claims

If a child was killed by a defective product, the parents may file a wrongful death claim under O.C.G.A. § 51-4-1 within two years of the date of death.

Comparative Negligence and Parental Supervision (O.C.G.A. § 51-12-33)

Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 reduces recovery by the plaintiff’s percentage of fault and bars recovery entirely if the plaintiff is 50% or more at fault.

In children’s product cases, manufacturers frequently argue that parents failed to adequately supervise their children or failed to follow product instructions. Our attorneys counter these defenses by demonstrating that:

• Manufacturers must design products that account for foreseeable levels of parental supervision (parents cannot watch children every second)
• Manufacturers must anticipate that children will use products in ways beyond the intended purpose
• Warning labels do not absolve manufacturers of the duty to design safe products
• The product defect – not parental supervision – was the proximate cause of the child’s injury
• A child’s own conduct is evaluated by the standard of a child of similar age, intelligence, and experience, not by adult standards

Damages in Georgia Children’s Product Liability Cases

The Child’s Claim

The injured child has their own personal injury claim, which may include:

• Medical expenses: All past and future medical costs, including emergency treatment, hospitalization, surgery, rehabilitation, therapy, and ongoing medical care
• Pain and suffering: Physical pain and emotional distress experienced by the child
• Permanent disability: Compensation for any permanent impairment of the child’s physical or cognitive function
• Disfigurement: Scarring and physical changes resulting from the injury
• Loss of future earning capacity: Reduction in the child’s future ability to earn income due to permanent injury

The Parents’ Claim

Parents have a separate claim for their own losses, including:

• Medical expenses paid: Costs incurred in treating the child’s injuries
• Loss of the child’s services: The child’s inability to perform age-appropriate household tasks
• Emotional distress: The parents’ own emotional suffering from witnessing their child’s injury and dealing with its aftermath
• Lost wages: Time missed from work to care for the injured child

Punitive Damages

Under O.C.G.A. § 51-12-5.1, punitive damages are available when the manufacturer acted with willful misconduct, malice, fraud, or conscious indifference. In children’s product cases, punitive damages may be sought when the manufacturer:

• Knew about the hazard and failed to redesign the product or issue warnings
• Failed to comply with mandatory CPSC safety standards
• Continued selling the product after receiving injury reports
• Failed to conduct required third-party testing
• Imported products that violated U.S. safety standards

Court Approval of Settlements for Minors

In Georgia, any settlement reached on behalf of a minor must be approved by the court to ensure it is fair and reasonable and protects the child’s interests. Settlement funds for minors are typically placed in a structured settlement, trust, or court-supervised account until the child reaches the age of 18. Our attorneys are experienced in navigating Georgia’s requirements for minor settlements.

Who Can Be Held Liable for a Defective Children’s Product?

Multiple parties in the product’s chain of distribution may be liable for a child’s injuries:

• Product manufacturer: The company that designed and manufactured the product
• Component manufacturer: Companies that manufacture specific components (batteries, fasteners, fabrics, paints)
• Importer: Companies that import foreign-manufactured products into the United States
• Distributor: Companies that distribute products from the manufacturer to retailers
• Retailer: The store that sold the product to the family, including online retailers
• Online marketplace: Under certain circumstances, online platforms that facilitate the sale of third-party products may bear some liability
• Daycare or school: In some cases, a childcare facility that used a product known to be defective or recalled may be liable

Frequently Asked Questions About Defective Children’s Product Claims in Georgia

My child was injured by a toy – do I have a product liability case?

You may have a case if the toy was defective due to a design flaw, manufacturing error, or inadequate warning, and that defect caused your child’s injury. Common examples include toys with small parts that detach and pose choking hazards, toys with toxic materials, and toys that break during normal play and create sharp edges. An attorney can evaluate the specific product and your child’s injury to determine whether you have a viable claim.

What should I do if my child is injured by a product?

First, get your child immediate medical attention. Then, preserve the product exactly as it was at the time of the injury – do not repair it, throw it away, or return it to the store. Take photographs of the product, any packaging and labeling, your child’s injuries, and the scene. Save purchase receipts and any product registration cards. File a report with the CPSC at saferproducts.gov. Then contact a product liability attorney.

The product was recalled after my child was injured – does that help my case?

Yes. A CPSC recall is strong evidence that the product was defective. It demonstrates that the CPSC and/or the manufacturer identified a safety hazard with the product. Even if the recall occurred after your child’s injury, it supports your claim that the product was unreasonably dangerous.

Can I sue if my child was not using the product as intended?

In many cases, yes. Manufacturers of children’s products are required to anticipate foreseeable misuse by children. Children are known to put objects in their mouths, climb on furniture, use products in creative and unintended ways, and generally interact with products differently than adults. If the child’s use of the product was foreseeable, the manufacturer had a duty to design the product to be safe for that use.

How long do I have to file a claim for my child’s injury?

The general statute of limitations is two years from the date of injury, but for minors, the statute is tolled until the child turns 18 under O.C.G.A. § 9-3-90. However, Georgia’s ten-year statute of repose for product liability claims may limit this extension. Do not rely on tolling – evidence degrades over time, so filing promptly is critical.

Can I recover compensation if the product was a gift or hand-me-down?

Yes. Product liability claims extend to all users and bystanders, not just the original purchaser. If the product was defective when manufactured, the manufacturer is liable regardless of how the product reached your family. However, if the product was second-hand, the defense may argue the product was modified, damaged, or past its useful life.

What if the product was purchased online from an overseas seller?

Claims against foreign manufacturers can be challenging but are not impossible. The online retailer or marketplace, the importer, and the domestic distributor may all bear liability under product liability law. Our attorneys investigate the full chain of distribution to identify all parties that can be held responsible in a U.S. court.

How much does it cost to hire a children’s product liability lawyer?

At Wetherington Law Firm, we handle all children’s product liability cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your child. We advance all costs, including expert analysis, product testing, and medical record retrieval. Your initial consultation is free.

Contact Our Georgia Defective Children’s Product Lawyers for a Free Case Evaluation

If your child has been injured by a defective product in Georgia, Wetherington Law Firm is ready to evaluate your case and fight for the compensation your family deserves. Our experienced children’s product liability attorneys have the resources, technical knowledge, and compassion to handle these sensitive cases and hold manufacturers accountable for putting dangerous products in children’s hands.

We handle all children’s product liability cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your child. We advance all costs, including product testing, expert analysis, and medical record retrieval. There is no cost and no obligation to speak with our attorneys about your case.

Wetherington Law Firm represents families with children injured by defective products throughout Georgia, including Atlanta, Marietta, Decatur, Sandy Springs, Roswell, Alpharetta, Lawrenceville, Duluth, Kennesaw, Smyrna, Macon, Savannah, Augusta, and all surrounding communities. Our attorneys also handle product liability claims, defective drug cases, wrongful death, and all types of personal injury cases.