Product Liability and Children’s Toys

When you buy a toy for your child or a beloved infant in your life, the first thing you picture is the joy it will bring to their lives. You envision them playing new games and using their imagination to grow and learn.

The last thing you think about is legal liability.

Unfortunately, when a toy or other product is defective or poses an unexpected hazard, that happy playtime can end with a visit to the emergency room or worse.

Even when we use safety devices like car seats, cribs, and highchairs to protect our little ones, things can go awry. Defective and dangerous products are the responsibility of the manufacturer, distributor, designer, and/or retailer. These products should not make it out of their factories into the homes of citizens whom they can harm.

Injury caused by liable products may entitle you to compensation. Consumers have reasonable expectations that the items they buy are safe to use. When this understanding between provider and consumer is violated, dangerous and defective products can enter the market and cause severe personal injury or death.

What leads to an injury from a child’s toy?

Design flaws or failure to comply with due diligence can lead to severe injuries that impact a child’s development. This applies to everything from unsanitary or dangerous food and medicine to toys with lead paint or small pieces an infant could choke on.

There are additional ways in which toys and other children’s products can deceive you into believing they are safe:

  • Incorrect or incomplete instructions
  • Manufacturing defects
  • Refusal to honour a warranty
  • Missing or incomplete warning of a hazard

In recent cases, toy manufacturers did the right thing and recalled crayons that had glass in them and toys with small motors that overheated then caught on fire. However, not everyone is diligent about reporting problems and taking accountability.


How can a family hold a company accountable?

After an incident, a personal injury lawyer can help you to gather the appropriate records to tell the story of violated trust and the impact on your child and family. When a child is injured, the fallout goes far beyond their early lives. Parents take time off work; siblings are emotionally scarred; the whole family can suffer from the repercussions.

Health Canada and the Ontario Ministry of Government and Consumer Services are supposed to protect our children – and people of all ages – from harm. You can track which food and consumer items have been recalled in Canada via this list. With the Christmas shopping season in full swing, you’ll want to watch the list to make sure you contribute to a happy holiday season, not one full of regret.


If you or your children have sustained injuries due to unsafe products or negligent companies, contact Dye & Russell today. The experience we have with product liability law ensures we can navigate the complex details on your behalf and earn you the maximum compensation for your suffering.

For your FREE claim evaluation call us toll-free at 1-877-883-6171 or visit us online to speak with a live agent. Your road to recovery is important to us.


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Skye OliverProduct Liability and Children’s Toys

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