How to File a Lawsuit for Defective Toys in Nova Scotia

When your child sustains injuries in an accident with one of their toys, you may have a legal claim against the toy’s manufacturer or retailer if a defect in the toy caused your child’s injuries. An experienced product liability lawyer can guide you through filing a lawsuit for a defective toy.

Understanding Product Liability Law in Nova Scotia

In Nova Scotia, statutory and common law give injured consumers the right to seek financial compensation from manufacturers who sell defective products when those consumers pursue product liability claims. For example, the Canada Consumer Product Safety Act imposes legal requirements on manufacturers to prevent or address dangerous consumer products in Canada, including products manufactured in Canada or imported products. Under the Act, companies cannot manufacture, import, or sell a consumer product listed on the schedule of prohibited products or a product that does not meet the requirements of the regulations promulgated under the Act, poses a danger to human health or safety, or becomes the subject of a recall order.

Furthermore, product liability law allows injured consumers to file legal claims against manufacturers and retailers who create, import, or sell defective products when those products’ defects cause consumers injuries. Nova Scotia residents can bring a strict liability product liability claim against a manufacturer, which holds a manufacturer liable for injuries caused by its defective product regardless of the manufacturer’s culpability in causing the defect. However, injured consumers can also hold manufacturers liable for negligently designing or manufacturing products with dangerous defects. 

Common Types of Toy Defects Leading to Lawsuits

Toys and other consumer products may experience several types of defects that can make them dangerous for users. Common types of toy defects that can lead to product liability lawsuits include:

• Design Defects – Toys may have design defects when their specifications render the item inherently dangerous for a child’s use. For example, a toy intended for infants or toddlers may suffer from a design defect when small parts can come off the toy and pose a choking hazard for young children. 
• Manufacturing Defects – Manufacturing defects occur when an error occurs during a toy’s fabrication or assembly process that causes the toy to deviate from its safe specifications. One example of a manufacturing defect for a toy may include a fabrication error that causes one or more copies of the toy to have a sharp edge that can cut children. 
• Failure to Warn (Marketing Defect) – A toy may suffer a “failure-to-warn” defect when the manufacturer omits instructions regarding its safe use or warnings about its potential hazards. 

Steps to Take Before Filing a Lawsuit

When a defective toy injures your child in Nova Scotia, your family should take prompt action to prepare for pursuing financial recovery and accountability in a product liability claim. Steps to take before filing a product liability lawsuit on your child’s behalf include:

• If you can safely preserve the toy that injured your child, do so. If you cannot safely keep the toy, take photos of its condition.
• Seek immediate medical attention for your child to document their injuries.
• Follow your child’s physician’s recovery instructions and treatment plan.
• Obtain copies of your child’s medical records.
• Report your child’s injury to the toy manufacturer and government product safety regulators.
• Keep records of out-of-pocket expenses your family incurs for your child’s recovery.

Finally, talk to a product liability lawyer from Wagners Law Firm to discuss your family’s options for holding the toy manufacturer responsible for the harm your child and family have suffered. 

Compensation You Can Seek in a Defective Toy Lawsuit

In a defective toy lawsuit, your family may have an opportunity to seek compensation for financial and emotional losses resulting from your child’s injuries from an accident with their toy. Your family’s financial recovery can include:

• Out-of-pocket medical expenses incurred to treat your child’s injuries
• Long-term disability care expenses if your child’s injuries result in prolonged or permanent impairment
• Special education expenses to help your child catch up on missed schooling during their recovery or to help them with disabilities caused by their injuries
• Physical pain and anguish your child experiences due to their injuries and subsequent medical treatment
• Emotional trauma and distress
• Lost quality of life due to disabilities that prevent your child from participating in various activities or disfigurement/scarring that causes them embarrassment or humiliation

How to Build a Strong Case Against the Manufacturer

Recovering compensation from a manufacturer for injuries your child sustained due to a defective toy will require you to have a compelling case to prove the manufacturer’s liability under a theory of strict liability or negligence. A strict liability claim will require you to prove:

• The toy had a defect
• The defect injured your child
• Your child and family incurred losses due to the injury

You may need testimony from engineering or product safety experts to explain how your child’s toy suffered from a design, manufacturing, or marketing defect. 

Challenges Families May Face During the Legal Process

Families pursuing product liability claims against toy manufacturers for children’s injuries may encounter various challenges during the claims process. First, manufacturers may assert legal defences to a product liability claim, such as:

• Misuse – The manufacturer may claim that a child misused the toy due to negligent adult supervision and suffered injuries.
• Altered Product – A manufacturer may seek to escape liability by presenting evidence that the toy left the factory in a non-defective condition.
• Consumer Alterations – Manufacturers may deny liability for toy accidents by arguing that the consumer family altered the toy into a dangerous condition.

Contact a Product Liability Lawyer Today

After your child suffers an injury due to a defective toy, let a dedicated, compassionate product liability lawyer from Wagners Law Firm help you pursue your legal rights and options under the consumer protection law in Canada. Contact our firm today for a free consultation with our legal team to learn how we can help you seek accountability and compensation for your family.