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Toys and children’s products are trusted by parents to be safe, but when these items are defective, the consequences can be devastating. A toy with small, detachable parts that creates a choking hazard or a children’s product containing toxic materials can cause serious harm, injuries, or worse. Under Irish and EU product liability law, manufacturers, importers, and retailers are required to ensure that the goods they sell are free from defects and safe for use.
Good & Murray Smith LLP has been a trusted name in litigation since 1895. With extensive expertise in product liability claims, we are here to support families seeking justice when their children are harmed by defective toys or products. Our solicitors combine extensive legal knowledge with compassion, ensuring that victims receive the compensation and accountability they deserve.
Defective toys and children’s products claims arise when a product designed for children causes injury or harm due to flaws in design, manufacturing, or safety standards. Common defects include:
Under the Liability for Defective Products Act 1991 in Ireland, manufacturers, importers, and retailers are strictly liable for injuries caused by defective products, even if they were not aware of the defect.
Irish and EU laws provide robust protections for consumers, especially children, against defective products. These laws ensure that:
The 1991 Act imposes strict liability, meaning victims do not need to prove negligence—only that the defect caused the injury.
The Liability for Defective Products Act 1991 establishes strict liability for harm caused by defective products. For toys and children’s products, this means:
This vital protection ensures families can hold companies accountable without needing to prove negligence.
A toy or children’s product may be defective under Irish law if it:
For instance, if a product contains phthalates or fails to disclose age restrictions, it may breach safety standards.
The 1991 Act ensures accountability across the supply chain, including:
Parents are protected even if the toy was a gift. Liability can also extend to public statements in advertisements or packaging that misrepresent safety.
Good & Murray Smith LLP has handled a wide variety of claims, including:
Small parts in toys that detach too easily, posing severe choking risks.
Products containing harmful substances like lead-based paint or allergens, causing poisoning or allergic reactions.
Exploding batteries in toys or devices, leading to burns or property damage.
Sharp edges, poor assembly, or weak materials that cause cuts, lacerations, or collapses.
Plastic bags or sharp ties that pose suffocation or injury risks.
Highchairs, prams, or cribs that collapse under normal use.
Electronic toys that overheat, spark, or cause electric shocks.
Families affected by defective toys or children’s products may be entitled to compensation for:
Since 1895, we have been Ireland’s trusted legal advisors in product liability cases.
We understand the profound emotional and physical toll on families when children are harmed.
Our proven track record demonstrates our commitment to securing substantial compensation.
Our expertise in Irish and EU product liability law ensures every case is meticulously prepared.
Yes. Toys marketed as suitable for toddlers must meet strict safety standards under the EU Toy Safety Directive. If small, detachable parts led to choking, this constitutes a breach of those standards. Both the manufacturer and retailer can be held liable under the Liability for Defective Products Act 1991. You may be entitled to compensation for medical expenses, emotional trauma, and any related costs.
Yes. Retailers are legally required to remove recalled products from their shelves. Selling a toy after a recall shows negligence in ensuring product safety. Under Irish law, retailers who sell such products can be held liable for injuries or damages caused. Compensation can cover medical bills, emotional distress, and the cost of any repairs or replacements.
Toys containing toxic substances like lead violate EU safety regulations, including the EU Toy Safety Directive, which prohibits harmful chemicals in children’s products. Manufacturers, importers, and sellers are strictly liable under the 1991 Act, meaning you do not need to prove negligence. You can claim for medical expenses, long-term health impacts, and the emotional distress experienced by your family.
First, seek immediate medical attention for your child and obtain a detailed medical report. Preserve the toy, packaging, and proof of purchase as evidence. You can seek compensation under the Liability for Defective Products Act 1991, if the exploding battery indicates a defect in design or manufacturing. Compensation may cover medical costs, pain and suffering, property damage, and any time off work required to care for your child.
Yes. If a toy lacked proper age recommendations or safety warnings, and this omission led to injury, you can hold the manufacturer and retailer accountable. For example, if a toy designed for older children is mislabelled as safe for toddlers and causes harm, this is a breach of the EU Toy Safety Directive and Irish consumer law.
Yes. Toys must meet strict mechanical safety standards to prevent injuries from sharp edges or poor construction. If a toy caused lacerations or cuts due to defective design or manufacturing, you can claim compensation under the Liability for Defective Products Act 1991. Damages may include medical expenses, pain and suffering, and any resulting financial losses.
Yes. Defective baby equipment like highchairs, prams, and cribs fall under the same legal protections as toys. If your child was injured because of a collapsing highchair or faulty pram, you can claim against the manufacturer, importer, or retailer. Compensation may cover medical bills, emotional distress, and costs for replacing the defective item.
Yes. Packaging that poses risks, such as suffocation hazards from plastic bags or injuries from sharp ties, violates safety standards. Manufacturers and retailers can be held liable if the packaging design caused harm. Compensation can include medical costs, emotional trauma, and any other damages suffered.
You can make a claim if a defective toy caused a fire. Electrical toys, such as those powered by faulty batteries, are required to meet strict safety regulations under the EU Toy Safety Directive. Compensation may cover the costs of repairs, replacement of belongings, temporary housing, medical expenses, and emotional distress.
Yes. Under EU consumer law, you are entitled to a minimum two-year guarantee for products, including toys. If a defect becomes apparent within this timeframe, you can seek redress, even if the injury occurred months after purchase. However, it’s critical to preserve the product and proof of purchase to support your claim.
To strengthen your claim, you should collect:
Your solicitor will help you collect this evidence to establish that the toy was defective and directly caused the harm, ensuring the strongest possible case.
If your child has been harmed by a defective toy or children’s product, contact us today. With over 100 years of experience, Good & Murray Smith LLP is here to help you secure the accountability and compensation your family deserves.
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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
