Parents urged to return popular toy amid safety defect rumours
Date:Dec 12, 2018
Christmas is a season synonymous with happiness, spending time with family and friends and giving presents. However, this time of the year also sees a spike in toy-related injuries.
But what happens if a child is injured as a result of a defect? Do parents have a case for compensation?
Recent toy recall sheds light on product dangers
Parents across the country have been urged to return a popular children's toy to their local Target branch after the product was found to possess a dangerous defect.
A 'sand and water' plastic table has been removed from shelves due to a potential choking hazard. The Australian Competition and Consumer Commission identified that a small part of the watering-can nozzle detached from the spout which could easily be ingested by a young user.
Target has announced that parents who return the product will receive a refund.
Are there standards in place for product defects?
In Australia, product safety is governed by the Australian Consumer Law (ACL). This emphasises that manufacturers have a duty of care to prevent injury or damage when people use their products.
All products, including toys, have mandatory safety standards. They typically include information relating to:
- The materials used.
- How the products are supplied.
- The skills/qualifications of a person supplying the product.
- The tests the product must pass.
But what happens if a child becomes injured as a result of a product defect?
Taking steps to compensation
If you believe your child has sustained injuries as a result of a safety defect on a toy, you may be eligible for compensation.
A court will assess a number of factors, including:
- Product packaging.
- Instructions and warnings for assembly and use.
- How the product was marketed for use.
- The time when the product was supplied.
However, consumers must be aware that there are also statutory defences to manufacturer liability. These defences are available when the safety defect:
- Did not exist at the time of supply by the manufacturer.
- Could not have been discovered at the time the manufacturer supplied the goods because there was insufficient scientific or technical knowledge at that time.
- Is only attributable to the design of the finished goods or the packaging - nothing associated with the component maker.
If your child is injured due to a defective toy, you have the right to compensation for their medical expenses and other costs related to their injury. Get in touch with the personal injury experts at Gerard Malouf & Partners today to see how we can help with your claim.