How can an action for injury sustained as a result of defective and dangerous toys be brought?
There are various heads under which an action against a defective toy can be brought: Design defects (inbuilt defect), marketing defects (lack of warning) and manufacturing defects (defect during the production). All product liability claims including defective toys and children’s product claims are strict liability claims. In order to have a valid legal claim, the claimant need to demonstrate the following: that the toy was unreasonably dangerous, the toy did not have a warning sign on it, the toy or the item was used the way the manufacturer instructed it to be used. The vital factor to be established is that the product was defective from the day it was manufactured.
