What Happened
Svetlana's daughter was two years old when a plastic building toy broke apart in her hands. The toy had a small seam that hadn't been properly sealed at the factory, and when the child pulled on it—exactly as any toddler would—the plastic fractured suddenly. A sharp edge lacerated her daughter's hand, cutting deep enough to need five stitches at the hospital in Naas.
The injury happened in seconds. Svetlana was in the next room when she heard her daughter cry out. By the time she got to her, there was blood everywhere. The accident and emergency visit, the stitches, the worry—it was traumatic for the whole family. What made it worse was knowing that this was a reputable brand toy, one she'd bought from a major retailer in Kildare, and it simply shouldn't have failed like that.
After the initial panic passed, Svetlana's older sister—who works in compliance—pointed out that the toy appeared to have failed basic EU safety standards. The sealing at the edges was visibly poor, and the plastic quality was not what you'd expect from a toy aimed at young children. That's when Svetlana realised she might have a claim.
She contacted eSolicitors.ie to find out if she could take action. The solicitor she was matched with explained that under Irish law, the importer and manufacturer of a defective product can be held responsible for any injury it causes—regardless of whether they were negligent or careless. It didn't matter why the toy was defective; what mattered was that it was defective and it caused harm.
Within eight months, the importer accepted liability and settled the claim. Svetlana received compensation that covered her daughter's medical costs, the distress caused, and the impact on the family. More importantly, it sent a message: defective products have consequences.
What the Law Says
The Liability for Defective Products Act 1991
In Ireland, manufacturers and importers of products are strictly liable for damage caused by defects in their products. This is covered by the Liability for Defective Products Act 1991, which brings Irish law in line with EU law.
The important word here is "strict" liability. You don't have to prove the manufacturer was negligent or careless. You don't have to show they knew about the defect. All you have to show is that:
1. The product was defective (it didn't meet the safety standards you'd reasonably expect)
2. The defect caused you injury or damage
3. There's a causal link between the defect and your harm
If you can prove those three things, the person who imported or manufactured the product is liable. It's as simple as that.
In Svetlana's case, the toy was clearly defective—the seam was improperly sealed and failed under normal use. This wasn't something her daughter did wrong; it was a manufacturing fault. The injury was real and documented. The link between the fault and the injury was obvious. That's why the importer couldn't argue their way out of it.
What They Were Entitled To
When you have a successful defective product claim, compensation typically covers:
Medical Costs
All costs related to treating the injury: hospital visits, stitches, follow-up appointments, medications, dressings.
Pain and Suffering
Compensation for the physical pain, discomfort, and the emotional distress caused by the injury.
Loss of Amenity
If the injury has ongoing effects—like a scar or reduced movement—you're compensated for that impact on your life.
Future Care
If the injury is serious, compensation can cover ongoing treatment, physiotherapy, or counselling.
In Svetlana's case, her daughter's injury needed immediate medical attention, so all hospital and medical costs were covered. The settlement also included compensation for the trauma and distress to both mother and child. Importantly, it also accounted for the small scar that would remain and the impact on the child's confidence around play and handling objects.
Compensation for defective product injuries typically ranges from €10,000 to €200,000 and beyond, depending on how serious the injury is, how long recovery takes, whether there are permanent effects, and the impact on your life. Svetlana's settlement reflected the seriousness of a young child's injury and the long-term emotional impact it would have.
Sound familiar?
You may have a case too.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — completely free, no obligation.