Unsafe Children’s Toy Claims
When we hand a toy to a child, we do it with love and the quiet expectation that it’s safe. But far too often, that trust is misplaced. From loose batteries to poorly stitched seams and sharp edges, unsafe toys can pose serious risks, especially to young children. At John O’Leary Solicitors LLP, we’ve supported families across Tallaght and Dublin for over 20 years, and we understand how distressing it is when something meant to bring joy ends in harm.
In 2023, the Competition and Consumer Protection Commission (CCPC) destroyed more than 50,000 dangerous toys, many of them counterfeit or missing the legally required CE mark. These included soft toys, plastic gadgets, and electronic items that failed to meet EU safety standards—some presenting serious risks of choking, chemical burns, and even electrical fire. With more families shopping online, the risks have only grown, especially where toys are sold through unregulated marketplaces or shipped directly from outside the EU.
No parent should ever have to find out the hard way that a toy was unsafe. If your child has suffered harm from a dangerous product, we’re here to help you take the next steps. You’ll speak directly with a solicitor who understands how to handle these claims thoroughly, sensitively, and without delay.
Contact John O’Leary Solicitors LLP today for a confidential conversation. We’ll help you understand your rights and fight to ensure that what happened to your family doesn’t go ignored.
What Makes a Children’s Toy Unsafe?
When you buy a toy for your child, you expect it to be safe, age-appropriate, and built to last—especially when it bears a CE mark and is sold by a trusted shop or website. But the reality is far more concerning. Across Ireland and the EU, a rising number of toys are being flagged as hazardous—many of them entering homes through online marketplaces and non-compliant importers.
In 2023, the Competition and Consumer Protection Commission (CCPC) destroyed over 50,000 children’s toys found to pose serious risks. Many lacked the CE mark, the official symbol indicating conformity with EU safety standards. But even toys displaying counterfeit CE marks—often convincingly forged—can find their way into Irish households.
So, what actually makes a toy unsafe?
Common Risk Factors in Dangerous Toys
Unsafe toys usually fall into one or more of the following categories:
- Choking hazards: Toys for small children that contain detachable pieces smaller than a €2 coin, poorly secured components, or stuffing that can be pulled loose easily.
- Chemical exposure: Some toys, particularly imported slime kits or plastics, may contain high levels of boron, phthalates, or lead-based paints that breach EU chemical limits.
- Battery dangers: Toys powered by button batteries—especially those that are not screwed in securely—pose severe risk if swallowed. Ingestion can cause internal burns within hours.
- Electrical risks: Faulty wiring in chargers, remote-controlled toys, or plug-in electronics can lead to overheating, fire, or electric shock.
- Strangulation and entrapment: Toys with long cords, ribbons, or folding mechanisms can trap fingers, pose suffocation risks, or entangle children during play.
- Age-inappropriate design: Toys marketed to toddlers that include small parts, breakable components, or high-powered magnets breach age safety guidelines and raise liability concerns.
Where the Risks Come From
Much of the current risk stems from toys purchased online, especially those shipped directly from outside the EU. Retailers such as Temu, AliExpress, and Shein have been flagged by consumer protection bodies for distributing high volumes of non-compliant goods. An industry-wide study found that over 80% of toys bought on online platforms failed to meet EU safety standards.
These toys often bypass proper inspection at customs and are not backed by EU-based importers or accountable distributors. That means when something goes wrong, there may be no manufacturer or seller within the EU legally responsible—making it essential to trace the supply chain early.
How Safe Toys Are Regulated in Ireland
Under Irish and EU law, toys must comply with:
- The Toy Safety Directive (2009/48/EC)
- The General Product Safety Regulation (2024)
- Irish implementing regulations and CCPC enforcement powers
All toys placed on the Irish market must:
- Display a genuine CE mark
- Include manufacturer and importer contact details
- Carry age-appropriate labelling and instructions
- Be traceable through a declared “responsible person” in the EU
If a toy doesn’t meet these criteria, it’s not only unsafe. It’s unlawfully placed on the market.
Who Can Be Held Responsible Under Irish Law?
If your child is harmed by a dangerous toy, one of the first questions you’ll naturally ask is: who’s to blame? The answer isn’t always straightforward—especially when the toy was bought online or was imported from outside the EU. Fortunately, Irish law offers strong consumer protection under the Liability for Defective Products Act 1991, which is based on European product safety law.
Strict Liability for Defective Products
Under this law, you don’t need to prove that someone was negligent in order to bring a successful claim. The test is simpler and more consumer-friendly: if a product is defective, and that defect causes injury, then the person or company responsible for putting that product on the market is strictly liable. This means they’re legally responsible, even if they didn’t mean any harm.
A product is considered defective if it fails to provide the level of safety that the public is generally entitled to expect. In the case of toys, this means they must be safe for their intended age group, comply with safety standards, and function without exposing a child to unexpected harm.
Who Can Be Held Liable in Ireland?
In practical terms, any of the following may be held responsible:
- Irish retailers or shopsthat sold you the product
- Importerswho brought the product into the EU
- Distributors or wholesalerswithin the EU who handled the product
- EU-based manufacturers, if the toy was made in Europe
- Online sellers based in Ireland or the EU, depending on their role in the sale
These parties are subject to clear duties and must ensure the products they sell meet Irish and EU safety standards.
The Problem with Non-EU Online Sellers
Things get trickier when toys are bought from sellers outside the EU—especially on popular platforms like Temu, AliExpress, or Wish. These platforms often host third-party vendors based in countries with lower safety standards and little accountability. When harm occurs, there may be no legally identifiable importer or EU-based contact responsible for that toy.
Even if the toy was marketed on an Irish-facing website, it doesn’t automatically mean the seller is subject to Irish law. In such cases, your solicitor may need to trace the seller, examine transaction records, and look for any EU-based logistics partner that could be held accountable.
From December 2024, the new General Product Safety Regulation (GPSR) will require all consumer products sold online into the EU to identify a “responsible person” within the bloc. While this is a welcome change, it still leaves grey areas around platforms’ direct liability.
Misleading Labels or Packaging
It’s worth noting that even if the toy bore a CE mark, that doesn’t necessarily mean it was safe. Some counterfeit toys display fake CE symbols that are difficult to detect without expert inspection. Under Irish law, the presence of a false CE mark can strengthen a claim, as it may indicate a deliberate attempt to mislead consumers about compliance.
What You’ll Need to Build a Strong Claim
If your child has been injured or put at risk by a defective toy, gathering the right evidence early can make all the difference. The legal framework in Ireland is designed to protect consumers, but strong documentation helps move a case forward efficiently and with credibility. Here’s what you should try to preserve or collect, whether you’re still considering legal action or already speaking to a solicitor
The Toy Itself
Where safe and possible, keep the toy—especially if it broke, malfunctioned, or caused harm. This could be:
- A plush toy with exposed stuffing or a detached button
- An electronic device with loose batteries
- A teether that snapped into dangerous pieces
- A toy that caught fire or sparked when charging
Even if it’s damaged beyond repair, do not throw it away. Physical inspection can reveal critical issues, from poor material quality to missing safety features.
Packaging and Instructions
Original packaging is often overlooked but can be crucial:
- It may show the CE mark(or reveal its absence or falsification)
- It should identify the manufacturer, importer, or responsible seller
- Safety warnings or age labels can help prove the toy was mislabelled or sold inappropriately for your child’s age
Leaflets, instruction manuals, and safety disclaimers may also be relevant, particularly for battery-operated or assembly-required toys.
Purchase Details
Proof of purchase helps confirm:
- Where and when the toy was bought
- Whether it was purchased in-store, via a domestic website, or shipped from abroad
- Whether it was sold by a recognised Irish retailer, EU seller, or unknown third-party platform
Screenshots of the online listing, confirmation emails, invoices, and delivery records can all help trace the supply chain.
Injury Documentation
If your child was hurt or needed medical attention:
- Keep all hospital discharge summaries, GP notes, or HSE visit records
- Photograph visible injuries (rashes, burns, cuts, swelling)
- Log prescriptions, out-of-hours GP calls, or pharmacy expenses
These records help establish the seriousness of the incident and draw a clear link between the product and the harm caused.
Witness Statements or Incident Reports
If the injury occurred in a creche, school, or public place:
- Request a written incident report from the supervising staff
- Take note of any adult witnesses who saw what happened
- If emergency services were called, request a Garda incident report
Such documentation can independently verify the timeline and reduce the burden on your own recollection.
Communications With Sellers or Manufacturers
If you raised a complaint or returned the item:
- Save emails, live chat transcripts, or messages on order platforms
- Note the tone and content of any reply—admissions, delays, or evasions may be relevant
- Take screenshots of deleted or changed product listings, if possible
Even if you don’t have every piece of evidence listed here, don’t panic. A solicitor can help gather supplier details, retrieve missing order histories, and commission expert analysis if the toy needs to be tested. The key is to act early and keep what you can.
Understanding Time Limits for Toy-related Injury Claims
When a child is harmed by a defective toy, parents often focus first on their wellbeing—as they should. But once the immediate worry passes, it’s crucial to understand that your right to bring a legal claim doesn’t last forever. In Ireland, personal injury claims are subject to specific time limits, and knowing when the clock starts ticking can make or break your case.
The Standard Two-year Rule
Under Irish law, you generally have two years from the date of injury or the date of knowledge of the injury to start legal proceedings. The “date of knowledge” means the point at which you became aware—or reasonably should have become aware—that:
- Your child was injured
- The injury was caused by a defective toy
- Another party may be legally responsible
For instance, if your child suffered a rash but the link to toxic plastic wasn’t clear until a doctor flagged the toy weeks later, the two-year period may begin from that diagnosis—not the day of the reaction.
Extended Time for Children
Importantly, when the injured person is a minor (under 18), the two-year limitation does not start until their 18th birthday. That means you, as a parent or guardian, can bring a claim at any time before your child turns 20—even if the incident happened when they were a toddler.
However, waiting isn’t recommended. Evidence is harder to gather as time passes, toys are discarded, suppliers close shop, and online listings disappear. Acting promptly ensures better chances of identifying the party at fault—especially when the toy was bought online or through a third-party seller.
Why Does Timing Matter?
Delays can result in:
- Critical documentation being lost or destroyed
- Sellers becoming untraceable or insolvent
- CE mark irregularities going uninvestigated
- Regulators being unable to link the toy to a wider recall
If you’re unsure whether you’re still within time, speak to a solicitor early. It costs nothing to ask—but it could cost a lot to wait.
Frequently Asked Questions
Can I still make a claim if the toy was a gift and I didn’t buy it myself?
Yes. The law focuses on who was harmed, not who made the purchase. If your child was injured by a toy—even if it was gifted by a friend, relative, or school—you can still bring a claim. It’s helpful to identify where it was bought, but your right to seek justice isn’t tied to being the purchaser.
What if the toy had a CE mark? Doesn’t that prove it was safe?
Not necessarily. Unfortunately, counterfeit CE marks are common on toys bought from certain online platforms or unregulated sellers. Some fakes are convincing, while others are poor imitations. Even genuine CE-marked toys can slip through enforcement gaps if improperly tested or mislabelled. The presence of a CE mark doesn’t automatically stop a claim—it may actually be part of the issue if it was used to falsely imply safety compliance.
Is there a claim if my child was nearly injured but not hurt?
Claims for physical injury are more straightforward, but you may still have grounds to take action in cases where:
- The toy malfunctioned in a dangerous way (e.g. sparking, melting, releasing fumes)
- You incurred financial loss (e.g. replacing furniture or bedding damaged by the toy)
- Your child experienced significant emotional distress, especially if the event required medical attention or Garda involvement
Each case is reviewed on its individual merits, and a solicitor can advise whether it’s worth pursuing.
What if I no longer have the toy?
While keeping the toy helps, a claim can still proceed without it—especially if:
- You have photos of the toy or the injury
- There are receipts, order confirmations, or packaging available
- The toy is identifiable by brand and model, and similar issues have been reported
Your solicitor may still be able to track down the product via suppliers, complaints databases, or public safety alerts.
Can I claim if the toy was bought from a non-EU website like Temu or AliExpress?
It depends. Irish law allows for claims against sellers and importers, but tracing the responsible party becomes more complex when purchases bypass EU accountability rules. That said, your solicitor may still identify an Irish or EU-based party (such as a fulfilment company or intermediary seller) who can be held liable.
Do I need to prove the manufacturer knew the toy was dangerous?
No. Under strict liability rules, the focus is on the defect and the harm it caused—not whether the manufacturer or seller intended to cause injury. As long as the toy was defective and that defect led to your child’s injury, a legal claim may stand.
Speak to a Solicitor Who Understands What Families Face
When a toy meant to delight ends up causing harm, it’s natural to feel shocked, let down, and unsure of what to do next. At John O’Leary Solicitors LLP, we’re here to help—calmly, clearly, and on your terms. You’ll speak directly with a solicitor who understands how Irish product liability works and how to protect your child’s rights.
Contact our office today for a confidential chat and start getting the answers you deserve.