Free Consultation: (630) 527-4177Tap to Call This Lawyer
PREMIUM
John J. Malm

John J. Malm

Law Offices of John J. Malm & Associates, P.C.
  • Asbestos & Mesothelioma, Medical Malpractice, Nursing Home Abuse ...
  • Illinois
Badges
Claimed Lawyer ProfileQ&AGoldBlawg SearchSocial Media
Biography

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!

Practice Areas
Asbestos & Mesothelioma
Medical Malpractice
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Nursing Home Abuse
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Products Liability
Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
Workers' Compensation
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Illinois
Placeholder image for jurisdictions.
U.S. District Court, Northern District of Illinois
Placeholder image for jurisdictions.
Languages
  • English
  • Spanish
Professional Experience
Attorney & Owner
Law Offices of John J. Malm & Associates, P.C.
- Current
Partner
Law Offices of Stime & Malm, P.C.
-
Attorney
Clausen Miller PC, Chicago, IL
-
Education
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
Placeholder image for education.
Augustana College
B.A. (1988) | Business Administration, Marketing
Placeholder image for education.
Awards
Professional Associations
Illinois State Bar
Member
Current
Placeholder image for professional associations.
Illinois State Bar Association
Member
Current
Placeholder image for professional associations.
Illinois Trial Lawyers Association
Member
Current
Placeholder image for professional associations.
DuPage County Bar Association
Member
Current
Placeholder image for professional associations.
Kane County Bar Association
Member
Current
Placeholder image for professional associations.
Will County Bar Association
Member
Current
Placeholder image for professional associations.
Speaking Engagements
Dispositive Motions & the Tort Immunity Act, DuPage County Bar Association, Joint Civil Law/Local Government Remote MCLE Program
Requesting and Reviewing Medical Records and BIlls for Injury Litigation, Paralegal Studies, College of DuPage
Websites & Blogs
Website
John Joseph Malm's Website Profile
Website
Law Offices of John J. Malm & Associates, P.C. Website
Blog
Chicago Injury Lawyer Blog
Blog
Naperville Personal Injury Lawyer Blog
Legal Answers
1 Questions Answered
Q. 8 year old Gorilla playset collapsed on my Granddaughter causing severe injury. Do I have a case.
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
View More Answers
Contact & Map
Law Offices of John J. Malm & Associates, P.C.
Naperville Office
1730 Park St
#201
Naperville, IL 60563
Telephone: (630) 527-4177
Fax: (630) 527-4178
Chicago, IL, USA
Law Offices of John J. Malm & Associates, P.C.
St. Charles Office
1700 Lincoln Hwy
#G
St. Charles, IL 60174
Telephone: (630) 524-2323