How Illinois laws protect children from dangerous products

Firm News | May 8, 2015

There is nothing more precious to any parent than their children. That’s why the Illinois legislature took the extra step of drafting laws specifically designed to protect some of the most vulnerable members of our society. The Illinois Children’s Products Safety Act was created to hold individuals and businesses accountable for introducing unreasonably dangerous products into the marketplace.

In particular, the CPSA protects children ages 9 and under from defective products such as cribs, beds, car seats, high chairs, strollers, toys and other so-called “children’s products” that are specifically intended or designed by children under the age of 9. The CPSA grants the Illinois Attorney General’s office, and private individuals in some circumstances, the authority to go after manufacturers who fail to take reasonable measures to prevent dangerous products from getting into the hands of the end consumer. Typically, this is a parent who purchases children’s items or toys for their kids and has no interest in reselling the items.

The CPSA also attempts to protect end consumers from individuals who purchase defective children’s products and then attempts to refit them prior to reselling those items. This is important for many parents who may purchase items for their kids secondhand at garage sales or from online commercial vendors. Illinois requires that children’s products that are subject to recall first meet certain standards before it is lawful to resell them. For example, children’s toys can only be retrofitted if it is permitted by the federal agency that initiated the recall warning. These items must also contain a notice at the time of their sale that informs consumers about the original problem and a declaration that the issue has been resolved.

There are few additional things that you should know if your child has been injured as a result of a defective product. An attorney with experience in products liability law can assist you in seeking compensation from negligent manufacturers and resellers of dangerous children’s products. Although no legal outcome can ever be guaranteed, it’s possible that a lawsuit directed against the responsible parties may help you to offset your child’s medical expenses. A successful recovery may also compensate you for other economic damages that your child’s injuries may have caused you to suffer.

Source: Illinois General Assembly, “Public Safety (430 ILCS 125/) Children’s Product Safety Act.,” accessed May. 08, 2015