Product Liability and Children’s Toys

The festive season is a time for giving – particularly children’s toys! But sometimes, these toys pose risks. Within a matter of seconds, what was once an exciting gift turns into a dangerous product that causes harm. 

Canadian safety requirements for children’s toys

Children’s toys should not, however, cause injury. There are rules in place to prevent that from happening. The Toys Regulations set out mandatory safety requirements that address a wide range of mechanical, flammability, toxicological, electrical, thermal and other hazards associated with children’s toys.

Children’s toys that are manufactured, imported, advertised or sold in Canada are also subject to the Canada Consumer Product Safety Act. 

Ultimately, the law places a burden on the manufacturer of children’s toys to make them safe. This means ensuring that:

  • The design of the toy is safe
  • The materials used to make the toy are safe
  • The product is safe and free from defects
  • The instructions are safe

If the toy does pose any kind of hazard, these should be clearly highlighted in the instructions and on the packaging. 

Why has my child been injured?

If your child has been injured by a toy in Canada – and the toy was purchased brand new – then something has gone wrong. Unfortunately, incidents involving defective toys do happen, sometimes with disastrous effects. 

There have been cases in which children have suffered harm because of a toy due to:

  • Burns
  • Choking
  • Suffocation
  • Electric shock
  • Toxic materials
  • Strangulation
  • Lacerations and other wounds

Tragically, these injuries can be long-lasting or even fatal.

Product liability claims

When a child is injured by a toy, there may be grounds for a product liability claim. The basis for these claims is that:

  1. The manufacturer had a legal duty to make the toy safe; and
  2. The manufacturer failed to meet their legal duty to make the toy safe; and
  3. A child was injured as a result of this failure

If this has happened to your child, please contact our Vancouver personal injury lawyers. We can explain who is to blame for your child’s injuries, and what action you can take.

Product liability compensation

Making a product liability claim has two benefits. 

Firstly, it ensures that your child has access to the medical care, rehabilitation and financial support they need going forward. Depending on your child’s injuries, this can be expensive. You may also have lost money by taking time off work or reducing your work hours. All these losses can be recovered.

Secondly, it shines a light on defective products, which may in turn prompt a recall and/or a change in manufacturing methods. This improves safety standards, preventing other children from suffering a similar injury. 

Find out more about infant and child claims. 

Has your child been injured by a toy?

Has your child been injured by a toy? Contact our Vancouver personal injury lawyers to discuss your next steps. We act for clients across British Columbia. We appreciate that this is an upsetting time for any parent or legal guardian. At John Mickelson Law Corporation, we are here to help you make sense of the situation. 

To speak to our Vancouver personal injury lawyers, either fill in the free online enquiry form or call us on 604 684 0040.

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