If your child has been injured by a defective toy in the UK, you may be able to claim compensation from the manufacturer under the Consumer Protection Act 1987 (strict liability) or from the retailer under the Consumer Rights Act 2015. The Toy (Safety) Regulations 2011 set specific safety requirements that all toys sold in the UK must meet. A litigation friend (usually a parent) brings the claim, and there is no time limit until the child turns 18.
Children explore the world through play, and toys are designed to be handled, mouthed, thrown and tested to their limits. That is why toy safety standards exist: to ensure that the toys children play with will not harm them. When a toy fails to meet those standards — because of a design flaw, a manufacturing defect, toxic materials or inadequate warnings — and a child is injured, the manufacturer and retailer can be held responsible. This guide explains how child toy injury claims work. We are an independent information service, not a law firm.
The law on toy safety
The Toy (Safety) Regulations 2011 (SI 2011/1881) set out the essential safety requirements for toys sold in the UK. All toys must:
- Bear the UKCA marking (or CE marking in Northern Ireland) confirming compliance.
- Not contain hazardous chemicals above permitted levels (including lead, cadmium, phthalates and certain flame retardants).
- Not present a choking, strangulation, suffocation, laceration or other physical hazard.
- Be accompanied by appropriate warnings and age recommendations (e.g. “Not suitable for children under 36 months”).
- Have undergone conformity assessment by the manufacturer or a notified body.
The Consumer Protection Act 1987 provides strict liability against manufacturers of defective products. The Consumer Rights Act 2015 gives consumers contractual rights against the retailer.
Common toy defects and hazards
| Hazard | Risk | Typical products |
|---|---|---|
| Small parts | Choking, aspiration | Toys with detachable parts below the small-parts cylinder threshold |
| Magnets | If multiple magnets are swallowed, they can attract through intestinal walls causing perforation, sepsis and potentially fatal injury | Magnetic building sets, fidget toys |
| Toxic materials | Poisoning, chemical burns, long-term health effects | Painted toys with lead paint, slime products with excess boron |
| Button batteries | If swallowed, can burn through tissue causing severe internal injuries within hours | Electronic toys, musical books, light-up items |
| Sharp edges/points | Lacerations, eye injuries | Poorly finished plastic or metal toys |
| Cords and strings | Strangulation | Pull-along toys, dress-up costumes |
Proving the claim
Under the CPA 1987, you must show the toy was defective (it did not provide the safety persons are entitled to expect), the defect existed when supplied, and it caused the injury. You do not need to prove negligence. Key evidence includes:
- The toy itself (preserve it even if damaged).
- Packaging, labels and warnings (or the absence of them).
- Purchase receipt or online order confirmation.
- Medical records documenting the injury.
- Photographs of the defect and the injury.
- Any product recall notices or Trading Standards reports.
An independent product safety expert may examine the toy to confirm it does not meet the required standards.
Who brings the claim?
A child cannot bring a claim in their own name. A litigation friend, usually a parent or guardian, brings the claim on the child's behalf. Any compensation awarded is held by the court and invested until the child turns 18, unless a smaller sum is released for immediate needs. See our guide to claiming for a child.
Compensation
General damages are assessed under JCG 17th edition (2024) for the specific injury. Special damages cover medical treatment, therapy, ongoing care needs and any impact on the child's future. For serious injuries such as intestinal damage from swallowed magnets or button batteries, or brain injury from choking, the total compensation can be very substantial.
Time limits
No time limit until the child turns 18, then three years. A ten-year longstop under the CPA 1987 from the date the product was supplied also applies.
Getting help
We are not a law firm. For a product liability solicitor, use the Law Society “Find a Solicitor” service. Report dangerous toys to Trading Standards via Citizens Advice. Most claims run on a no-win-no-fee basis.
Frequently asked questions
Can I claim if my child was injured by a toy?
Yes. If the toy was defective and caused the injury, you can claim against the manufacturer under the Consumer Protection Act 1987 (strict liability) or against the retailer under the Consumer Rights Act 2015. A litigation friend, usually a parent, brings the claim on the child behalf.
What makes a toy defective?
A toy is defective if it does not provide the level of safety that persons generally are entitled to expect. This includes design defects, manufacturing defects and inadequate warnings. The Toy (Safety) Regulations 2011 set specific safety requirements that all toys sold in the UK must meet.
What are common toy hazards?
Common hazards include small parts that pose a choking risk, sharp edges or points, toxic materials (lead paint, phthalates), flammable materials, strangulation risks from cords or strings, projectile hazards, electrical hazards in battery-operated toys, and magnetic parts that can cause serious internal injury if swallowed.
What are the Toy Safety Regulations?
The Toy (Safety) Regulations 2011 (SI 2011/1881) implement the EU Toy Safety Directive. They require toys to bear the UKCA marking (or CE marking for NI), to comply with essential safety requirements, and to be accompanied by appropriate warnings and age recommendations. Non-compliant toys should not be on the UK market.
Who is liable?
The manufacturer has strict liability under the Consumer Protection Act 1987. If the manufacturer is outside the UK, the importer or own-brand retailer may be liable. The retailer is liable for breach of contract under the Consumer Rights Act 2015. For counterfeit or non-certified toys bought online, identifying and pursuing the manufacturer can be more difficult.
How long do I have to claim on behalf of my child?
There is no time limit for a child claim until the child turns 18. After that, they have three years to bring a claim in their own right. A litigation friend brings the claim during childhood.
What compensation could my child receive?
Compensation depends on the injury. Choking incidents that resolve without lasting harm attract modest general damages. Serious injuries such as intestinal damage from swallowed magnets, chemical burns, or eye injuries can attract significant awards guided by the JCG (17th edition, 2024). Special damages cover medical treatment, therapy and any ongoing needs.
What if the toy was a counterfeit or bought online?
Counterfeit toys and unregulated imports sold through online marketplaces are a growing concern. They may not meet UK safety standards. The manufacturer may be difficult to identify or pursue. In some cases, the online marketplace or the UK-based seller may be liable. Trading Standards can investigate and seize unsafe products.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: defective product claims, claiming for a child, school accident claims, playground accident claims, how compensation works.