Defective Toys And Product Liability Lawsuits

If you recently purchased a toy for your son or daughter and they suffered an injury while playing with it, you may be entitled to damages under a defective product/product liability claim. According to Canada Consumer Safety Act guidelines and regulations, children’s toys must satisfy a series of requirements in order to be deemed safe for use. These requirements concern certain diverse matters such as flammability of materials, presence of choking hazards, unsafe packaging, etc.

A Child’s Well-being is a Parent’s greatest Concern

No matter how minor or severe their injuries, the thought of physical harm to a child is a parent’s worst nightmare. Despite a parent’s vigilance, if their child is injured by a toy that they assumed was safe for them to play with, there are certain legal questions that arise such as:

• Did the toy lack appropriate instructions or warnings?
• Was the defect due to a manufacturing error?
• Was the packaging unsafe?
• Was there a defect in the design of the toy?

Since product liability claims do not require the presence of negligence, every entity in the chain of supply could be named as co-defendants in a personal injury lawsuit. In these types of personal injury cases, Personal Injury Lawyer in Surrey can do wonders by establishing liability is a matter of showing that the toy was defective and caused the child’s injuries.

Proving Fault in a Product Liability Case

No matter what steps the designer, manufacturer, or retailer took in the handling or the processing of a toy or any other product, proving fault requires the plaintiff to establish the following four requirements:

• Defendant/defendants owed the plaintiff a specific duty of care
• Defendant/defendants breached that duty of care
• Plaintiff suffered injuries as a result of using the product (in this case, the toy)
• Plaintiff’s damages (injuries) resulted from the defendant breaching their duty of care

Canadian common law assesses product liability claims against a negligence standard rather than one of strict liability. In Canadian Law, strict liability is defined as “Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage.”(*)

If your son or daughter recently suffered injuries when using a defective toy, they could be entitled to compensation for damages in a personal injury /product liability claim. To ensure that your child’s rights to file for such compensation is protected throughout the claim process, it is best to speak with an experienced personal injury lawyer. They understand the details of the claim process and can help you with the requirements.