John J. Malm Lawyers, want to be a Justia Connect Pro too? Learn more ›

I am an experienced Personal Injury attorney dedicated to fighting for the rights of my clients through every stage of their case. I represent clients who have been injured due to car accidents, animal attacks, sports injuries, defective products and nursing home abuse.

I am a member of the Illinois State Bar Association, Illinois Trial Lawyers Association and the DuPage County Bar Association. I have been included in the Illinois list of Super Lawyers. I have a 10.0 rating on Avvo and a 10.0 rating on Justia. Let me fight for the justice you deserve. Call today for a free consultation!

• Car Accidents

• FaceTime
• Zoom

• Free Consultation

Illinois

Since 1993

U.S. District Court, Northern District of Illinois

Since 1993

Attorney & Owner

Law Offices of John J. Malm & Associates, P.C.

2001 - Current

Partner

Law Offices of Stime & Malm, P.C.

1997 - 2001

Attorney

Clausen Miller PC, Chicago, IL

1992 - 1997

Valparaiso University School of Law

J.D. (1993) | Law

Hon. Phillip C. Jessup International Law Moot Court Team; Articles Editor, Valparaiso University Law Review; Justice, Valparaiso University Moot Court Executive Board; Member, Valparaiso University Moot Court Society

Honors: cum laude

Augustana College

B.A. (1988) | Business Administration, Marketing

Super Lawyer

Superlawyers

2024

2014-2024

Superb Rating

Avvo

2023

Three Best Rated Personal Injury Lawyers in Naperville, IL

Three Best Rated

2023

Best Medical Malpractice Lawyers in Naperville

Expertise.com

2023

Elite Lawyer Award

Elite Lawyer

2023

2019-2023

Illinois State Bar

Member

Current

Illinois State Bar Association

Member

Current

Illinois Trial Lawyers Association

Member

Current

DuPage County Bar Association

Member

Current

Kane County Bar Association

Member

Current

Confronting the "Contacts Sports" Rule in Sports Injury Litigation against Organizational Defendants

ITLA Journal

2016

Dispositive Motions & the Tort Immunity Act, DuPage County Bar Association, Joint Civil Law/Local Government Remote MCLE Program

2021

Requesting and Reviewing Medical Records and BIlls for Injury Litigation, Paralegal Studies, College of DuPage

2014

Q. 8 year old Gorilla playset collapsed on my Granddaughter causing severe injury. Do I have a case.

November 24, 2024

A: I’m very sorry for the serious injuries suffered by your grandchildren. Both the manufacturer and installer can be held liable, and possibly strictly liable, for your grandchildren’s injuries under product liability, negligence, and possibly breach of warranty theories.

Proving liability on the part of a defendant in a product liability case depends on meeting several factors which tend to show that the product was unreasonably dangerous when it was sold and installed and that it failed to meet what is known as the consumer expectation test (including that the product did not perform in a safe manner as would be expected by the ordinary consumer). These legal factors are set forth in the case, Jablonsky v Ford. https://law.justia.com/cases/illinois/supreme-court/2011/110096.html

In terms of timing, because your granddaughter is a minor, the statute of limitations does not pose an immediate concern; however, the approaching statute of repose does present a concern which should be addressed promptly. The statute of repose will cut off your rights to pursue litigation, regardless of the date of discovery, 10 years after you purchased the product. The statute of repose bars claims against manufacturers 10 years after the first sale, lease, or delivery of possession of the product to its initial user or consumer.

Another fact to concern yourself with is how long the product sat on the shelf at the retailer before you purchased it. The statute of repose in Illinois bars your right to bring a claim for a defective product 12 years after the first sale, lease, or delivery of possession of the product by a seller, including the manufacturer. In your question, you indicate that the product was purchased and installed appropriately Eight years ago; therefore, it will be important to investigate how long the product was in the hands of the retailer before it was sold to you and installed. Because there are technical issues arising from both the statute of limitations and the statute of repose, I urge you to consult with counsel regarding these important deadlines as soon as possible.

In terms of the damages you are entitled to recover, your grandchildren are entitled to pursue a lawsuit for damages which include medical bills, pain and suffering and loss of normal life.

Because this is a product liability case, it is essential that you retain the equipment in question. Do not alter the Playset, and be certain that it is preserved in its present condition until it can be examined by experts. It is also advisable to take a series of photographs to document the condition of the playset that as soon as possible, if you have not already done so.

Product liability litigation is highly technical and it is advisable to consult with knowledgeable counsel. There are industry experts, including engineers, who will need to review the product in order to pursue the case on behalf of your grandchildren. Experts will be needed by offer opinions that the product was unreasonably dangerous when its was manufactured or installed. An experienced product liability attorney will be able to consult with leading experts, preserve evidence, and advise you of the best legal strategy going forward.

If I can be of any further assistance, please do not hesitate to contact me or any other member of my team. John Malm ... Read More