If a child becomes injured through the use of a toy, it can have devastating effects on both the child and parent. Children in particular are extremely vulnerable to the psychological injuries that can occur as the result of being injured by something that is originally designed to bring them joy and happiness. However, if your child plays with a toy that is said to be unsuitable for their age, who is liable for damages?
Manufacturers, suppliers and importers are legally bound to comply by the Toys (Safety) Regulations 2011, which apples to any toys manufactured after 19 August 2011. As part of these regulations, toys must be correctly labelled for the appropriate age group. As a general guideline:
- For children aged 1-12 months, rattles, toys that make noise, picture books, soft toys and balls, books, and stuffed animals are generally age-appropriate
- For children aged 1-2 years, large balls, colouring books, dolls, picture books, and blocks may be appropriate
- For children aged 3-5 years, picture books, stuffed toys, puzzles, arts and crafts, construction toys, cards, and roller skates may be appropriate
Who’s responsible for ensuring children only play with a toy that is suitable for their age?
Parents and guardians bear the legal responsibility for ensuring that their child does not play with a toy that is deemed unsuitable for their age. However, this does not mean that in all cases parents are liable for any injuries suffered by their child. It may be case that the labelling on the toy was missing, misleading or even mislabelled. In such cases, the onus of responsibility will fall on the retailer or manufacturer as it was not possible for the parent to reasonably determine if the toy was safe for use by their child.
Whilst parents and guardians are tasked with ensuring that their children do not play with a toy that is said to be unsuitable for their age, it is still possible to make a claim for compensation if the labelling was missing or unclear. Contact Accident Advice Helpline on 0800 689 0500 for more information on how you could make a 100% no-win-no-fee claim. Accident Advice Helpline has over 15 years’ experience in all areas of personal injury compensation including faulty product claims.
Date Published: December 9, 2015
Author: David Brown