A recalled product injured my child, what happens now?

First, ACC will typically cover the medical treatment for an accidental injury, and it also limits your ability to sue for compensatory damages for personal injury in New Zealand, so your claim will usually go through ACC rather than court. Separately, product safety is regulated under the Fair Trading Act 1986, which allows product safety standards, voluntary and compulsory recalls and bans, and suppliers can face penalties if they sell unsafe goods. The toy itself may also breach the Consumer Guarantees Act guarantee of acceptable quality, giving you a refund or replacement. Keep the product and packaging, and report the incident to the Commerce Commission's product safety team so it can consider enforcement. Retain hospital records for your ACC claim.