A child was harmed by a dangerous toy. Can the parents claim under product liability laws?

What the Law Says

The Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth), provides strict product liability for personal injury caused by defective goods — including toys — regardless of negligence.

Under the ACL, a manufacturer is liable if a person suffers injury because a product has a safety defect. A 'safety defect' exists if the product is not as safe as a person is entitled to expect, considering factors like marketing, packaging, instructions, and the time it was supplied.

This applies to children injured by dangerous toys — parents or guardians may bring a claim on behalf of the child. The law covers all manufacturers, importers, and domestic suppliers involved in the supply chain.

Claims must be made within 6 years from when the cause of action arose — typically when the injury occurred. There is no requirement to prove fault or negligence; only that the product was defective and caused the harm.

Statutory Text

A person has a right of action against a manufacturer of goods if the person suffers loss or damage because a safety defect in the goods caused an injury to a person.

— Australian Consumer Law, s. 138 — Liability of manufacturer for injury caused by safety defect

Statutory Text

A safety defect is a defect that poses an unreasonable risk of injury or damage to persons or property.

— Australian Consumer Law, s. 9 — Definition of safety defect

What to Do

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