Dangerous Toy Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a dangerous toy injury we can help.
The purpose of this guide is to help anyone who has suffered a dangerous toy injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
dangerous toy injury compensation:
Companies that manufacture children's toys are held to a higher standard of safety and have a special responsibility to ensure their products are safe for use by children. Despite this, each year around 35,000 British children are injured in accidents involving toys.
Dangerous and defective toys are a frequent source of accidents involving children. If your child is injured by a danger or defect results from negligence of other breach by the manufacturer, you can claim compensation on behalf of your child, under the UK's product liability laws that address defective product claims.
Examples of defective or dangerous toys include those with sharp edges, those that have been manufactured using harmful materials, and toys assembled using sub-standard production techniques that may cause them to break or splinter during play.
What are the risks posed by dangerous toys?
The most common injuries from toys are:
Compensation for dangerous toy injuries is awarded by reference to the nature and severity of the injuries and the long term effect the injuries will have on the child's life.
Regardless of the nature of the injuries, the legal basis for making a claim will depend on proving whether they toy was inherently faulty.
Do I have a dangerous toy injury claim?
It should be possible to make a dangerous toy injury claim if your injury occurred:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a dangerous toy injury claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a dangerous toy injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
Who is liable for a defective toy injury?
Claims are brought against the toy manufacturer. In theory, the retail store where the toy was purchased may also be held liable, as retailers must take every reasonable step to ensure the products they sell are safe for use.
Where a retailer continues to sell a product after receiving a rapid alert safety warning or toy recall, the retailer is likely to be liable for any injuries that are caused by the hazardous toy.
Can a parent make a defective toy claim for a child?
A parent, legal guardian or other responsible adult may bring a claim on behalf of a child as their "litigation friend".
This means that the adult will commence and run the case in the best interests of the child. When a settlement is negotiated, the Court will ensure that the compensation is reasonable.
For more information or to discuss your options with a solicitor, call Quittance on 0800 376 1001.
The amount of money you could claim for your dangerous toy injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your dangerous toy injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a dangerous toy injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a dangerous toy injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a dangerous toy injury will depend entirely on your specific circumstances.
Your dangerous toy injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my dangerous toy injury compensation?
If you receive financial compensation following a dangerous toy injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my dangerous toy injury compensation
Calculating how much compensation you can claim for a dangerous toy injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your dangerous toy injury claim could be worth now:
How long does a dangerous toy injury claim take?
How long it can take to settle a dangerous toy injury claim can vary significantly.
For instance, if the manufacturer or retailer accepts liability, a claim could be completed in a few months. However, if liability is denied it could take longer. On average a child injury claim should take 4 to 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your dangerous toy injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee
Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make a dangerous toy injury claim without having to pay upfront legal fees. If your dangerous toy injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee guarantee
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making a dangerous toy injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my dangerous toy injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my dangerous toy injury claim?
If your dangerous toy injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Dangerous toy injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a dangerous toy injury claim?
In general, you have a time limit of up to 3 years from the date of the dangerous toy injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your dangerous toy injury claim becomes 'statute barred'.
Can I claim for a dangerous toy injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim dangerous toy injury compensation.
In reality, there are a number of factors that can affect whether a dangerous toy injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.