Dangerous Toy Compensation Claims

It was my birthday recently, and unsurprisingly out came the embarrassing pictures of me as a child. Looking through the numerous amounts of photographs of me sitting with my dolls- highlighting their hair with felt tips – it got me thinking about the wide range of toys now available to children.

The toys on the market today are undoubtedly more technical than we used to have in the past, and consequently they have more small and intricate parts; making them potentially more dangerous.

Of course, parental supervision is always recommended when allowing a child to play with a toy with small parts and it is important to check any age guide provided on the packaging: for example, many toys will display a recommended age with a red and white logo with a sad babies face on it.

It is also advisable to ensure that any toy your child has displays a CE mark and has the full details of the manufacturer. What this mark means is that the toy should comply with all relevant health and safety law.

However, if a toy is faulty, no amount of supervision or warnings can prevent an accident and consequently a possible injury. These injuries can potentially be very serious, such as suffocation from swallowing detachable parts or cuts from sharp edges. A claim for compensation can help cover the cost of medical expenses and any loss of earnings to an adult having to provide care, as well as getting something for the child to have when they turn 18 (as their compensation money is commonly held in a trust fund with the courts).

If your child has been injured from playing with a faulty toy, you have the right to claim on their behalf and get the compensation they deserve. To pursue a claim for your child you will need to be their “litigation friend”. All this means is that you will run the case for them as if it was your own- simple. When a settlement is received, the court will assess this to ensure it is reasonable, and then it goes in to the trust fund until your child’s 18th birthday.

A difficulty with these claims can be finding who to pursue – is it the manufacturer or the retailer? It is likely that one will say it was the other and vice versa, however here at The Injury Lawyers we are accustomed to dealing with these types of claims and therefore will always push to discover the real culprit! One thing that can speed this process up however, is the receipt for the product- as this is something the retailer almost always asks for.

So if you are interested in pursuing a claim on your child’s behalf do not hesitate to contact us on 0800 634 75 75. Alternatively, fill in the short form asking us to give you a call, and one of our expert personal injury team will get in touch to discuss your claim free and with no obligation.

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