Key Legal Considerations for Parents of Children With Food Allergies

May is National Asthma and Allergy Awareness Month, and the 2nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.
Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

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Are Schools Liable for Playground Injuries to Children?

Central Indiana weather has seemingly taken an early turn toward Spring this year, allowing students to enjoy recess outdoors more and more. If you have a child attending a public or private school, whether as a preschooler, kindergartner, or fifth-grader, it is very likely that they will be given access to a playground during recess time or after-school programs. With the rise in playground time, accidents and injuries are bound to happen. But what if your child is seriously injured on the playground? Is the school liable for the resulting damages? What if you signed a waiver?

Continue below to learn what you need to know about playground injuries to children and a school’s liability in the matter, plus which Indiana personal injury law firm to contact for further details regarding your unique case. 

Playground Accident Lawyers Indianapolis Indiana 317-881-2700
Playground Accident Lawyers Indianapolis Indiana 317-881-2700

Playground Injuries at School

Although playground architecture and technology have come a long way since you were a kid, playground manufacturing defects and design errors are still a risk. Determining liability in these kinds of child injury accidents is more straightforward since it is generally the manufacturer or maker of the playground equipment that is responsible. But sometimes, child injury playground accidents occur as a result of a school’s negligence, not the playground manufacturer. In such cases, determining liability is a different process and largely varies from case to case.

A School’s Liability in Playground Accidents

Negligent supervision of a child can occur if teachers or appointed staff are not properly monitoring children who are playing on playground equipment. If the staff did not use reasonable care to ensure the students were protected and safe from foreseeable harm, they can be deemed negligent in a child injury case. For instance, if a teacher assigned to monitor children at recess leaves the students alone to take a bathroom break, and during that break a child is seriously injured because they were using the equipment incorrectly, this could be considered negligent supervision.  The school should almost always have more people supervising, especially since there are multiple students to supervise.

Aside from negligent supervision of children, a school’s negligence can cause playground injuries in other ways. One example would be poor or inadequate maintenance of playground equipment. For instance, if the school was aware or should have been aware that a bolt was loose, missing, or rusted out, but fails to correct the hazard, they can be deemed negligent conduct in a tort case if a child suffers injuries because of it. Or, if the school hires an unqualified contractor or company to repair the playground equipment, and an accident occurs due to improper repairs, the school can be considered negligent in the matter.

Playground Waivers

Virtually all schools, especially those with playgrounds on the premises, require parents and guardians to sign waivers for all registered students. Some schools even require the students to sign or initial these waivers. Such waivers are designed protect a school from any type of legal liability in the case of an accident that happens on school grounds or under the school’s supervision. Although these waivers have legal merit, they are not impenetrable. In similar cases throughout recent history, courts have given such waivers enforceability, but only to a certain extent and if they meet specific criteria.

School waivers might be found not legally binding by a court if they are not clear and explicit in language. If the terms of the waiver are faintly printed, in confusing legal jargon, or hidden in a small paragraph within a massive document, they might also be thrown out by the court. Oppositely, a school waiver might be enforced in the event of a child injury accident if the accident occurred as a result of ordinary negligence, rather than gross negligence.

It is important to consult with a licensed Indianapolis personal injury lawyer about your rights to pursuing legal action after your child was seriously injured at school. They have the knowledge and experience to explain your legal matters in a language you can clearly understand.

Not sure which Indiana law firm to trust with your child injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator about your child injury accident lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

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These Children’s Toys Made the Most Dangerous List for 2021

The holidays are fast approaching, and you probably have most of your Christmas shopping done already. But if you are taking on the role of Santa this year to a bunch of beloved kiddos, be sure to avoid toys that have been suggested to be hazardous or defective by World Against Toys Causing Harm (W.A.T.C.H.). These toys can cause serious injury or death to children of all ages, including infants and teens.

Continue below to review W.A.T.C.H.’s list for the most dangerous children’s toys of 2021, plus what to do if your child is injured by a defective toy or product in Indiana.

Child Injury Lawyer Indianapolis IN 317-881-2700
Child Injury Lawyer Indianapolis IN 317-881-2700

W.A.T.C.H.’s List of the Most Hazardous Children’s Toys For 2021

No one wants to be responsible for providing a child with a toy that ultimately injures or maims them. It is important to strongly consider which toys and products you purchase for children by considering their age, as well as the consumer reviews on safety and operation. Common injuries that result from hazardous children’s toys include blunt force trauma, electrocutions, choking, chemical burns, and suffocation.

The World Against Toys Causing Harm (W.A.T.C.H.) is a well-revered, long-standing organization that works in depth to identify dangerous or hazardous children’s toys. According to their comprehensive studies, a child is treated every three minutes in an emergency room for toy-related injuries.

Last year, we provided a blog on the most dangerous children’s toys of 2020, so be sure to review these toys as well, as they may still be on the market and on the shelves at your local department stores and on-line. As a result of this dangerous toy list, nine children lost their lives, while nearly 200,000 others were injured, some seriously.

This year, W.A.T.C.H. suggest that these are the top 10 most dangerous children’s toys to avoid:

Bright Starts Tummy Time Prop & Play – Risk of suffocation
Hape Learn To Play Drum – Risk of choking
Hover-1 My First Hoverboard – Risk of head injuries and orthopedic injuries
Nerf Hyper Rush-40 Blaster – Risk of eye and face injuries
Perfectly Cute My Lil’ Baby Feed & Go Set – Risk of choking
Radio Flyer Spin ‘N Saucer – Risk of impact injuries
Rollers Light-Up Heel Skates – Risk of blunt impact injuries
Snake Eyes G.I. Joe Origins Ninja Strike Sickles – Risk of blunt force impact and eye injuries
Squeakee Minis Poppy the Bunny – Risk of battery ingestion
Walmart My Life As Shopping Basket – Risk of choking
*These are in no particular order.

Protection for Children Injured by Defective or Dangerous Toys

As United States citizens, we have certain legal protections against hazardous or unsafe products. The U.S. Consumer Product Safety Commission (CPSC) set such requirements for manufacturers, which mandate them to follow strict health and safety standards. So, when consumers are seriously injured or killed by a hazardous product, certain legal entitlement may ensue.

If your child was injured by a dangerous or defective toy, your first step is to get them immediate medical treatment. Then, as soon as possible, contact an experienced Indianapolis Indiana personal injury law firm for help pursuing legal action against the negligent manufacturer or retailer. A seasoned civil litigator will navigate your child injury product defect claim from start to finish, recovering the maximum settlement for your child’s damages and losses.

Are you looking for a qualified personal injury law firm to help you with your child injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your child injury product liability claim in Indianapolis, Indiana. We serve clients all throughout Indiana.

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Are We Entitled to a Settlement if Our Child Was Wrongfully Injured?

What could be more valuable and important than our kids? For parents like you, they are the absolute most important aspect of your lives. So, when your child is injured due to another’s negligence, it is no surprise that you struggle with emotional anguish and stress from knowing your little one is suffering. As parents, we all want to trust that the people they leave in charge of their children are taking good care of them, and the products or toys their children use will not cause them harm; but sometimes accidents happen, and unfortunately, some of those accidents are caused by an adult’s negligence.

So, how are children and adolescents protected by law against those who may cause them serious harm and subsequent damages? Furthermore, are you entitled to a personal injury settlement for your family’s economic and non-economic losses following your child’s wrongful accident?

Continue reading to learn more about child injury claims and settlements, including who to trust for seasoned personal injury advice and representation in Indianapolis.

Child Injury Claim Lawyer Indiana 317-881-2700
Child Injury Claim Lawyer Indiana 317-881-2700

Most Common Types of Serious Injuries to Kids and Teens

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured because of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, car accidents, pedestrian accidents, prescription drug errors, medical misdiagnoses, swimming pool accidents, defective toys or products, and negligent supervision are some of the more common types of wrongful accidents in which children are negligently hurt or worse, killed. When an accident occurs due to negligence causes harm or death to a child, parents need to know their legal options and rights.

How to Pursue Legal Action on Behalf of Your Child’s Accident and Injuries

In every situation that a child is injured negligently, there must be proof that someone or something failed to act like a careful person would have, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor is legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more.  If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well.

If the child is too young to be employed, the parents or guardians are entitled to reimbursement for lost wages after missing time at work, as well as fuel from traveling to and from doctors’ appointments. If the at-fault party acted extraordinarily reckless or with intent, the court or jury may also award punitive damages.

Child Wrongful Death Cases

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating lawsuits, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and so much more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Are you ready to get started on your financial recovery after your child’s accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis child injury lawyer. We represent clients throughout the State of Indiana.

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Top Safety Tips for Celebrating Independence Day

Around this time every year, friends and families of all ages are preparing to celebrate one of our most beloved and historic national holidays, Independence Day. Among the most traditional and fun-filled festivities planned for the 4th of July, the most common are fireworks and cookouts. However, these two activities are also well-known for posing several serious risks and potential injuries. So, as you prepare to celebrate the Fourth of July this weekend, be sure you are being safe and responsible.

Continue reading to review some of the top safety tips for celebrating Independence Day, and how to learn your rights after being wrongly injured by a Fourth of July related accident in Indiana.

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Indianapolis Indiana Burn Injury Lawyers 317-881-2700

Fourth of July Injury Statistics

Fireworks are dangerous, and can cause a wide spectrum of injuries, from minor to major. In fact, the United States Consumer Product Safety Commission reports that around this time of year, an average of 230 people visit the emergency room EVERY DAY as a result of 4th of July Holiday-related firework injuries.

The most common types of injuries reported by fireworks are burn injuries, which is why it is so vital for children of all ages to be fully supervised while playing with them. Did you know that even sparklers can reach temperatures of up to 2,000 degrees? And of course, children are the top victims of second and third degree burns caused by sparklers and similar fireworks.

Keep in mind that not all Fourth of July injuries are firework-related. Many people celebrate Independence Day with campfires, cookouts, and grilling. As a result, there are many other kinds of burn injuries, smoke injuries, and fire accidents that occur during 4th of July parties and get-togethers.

Additional types of Fourth of July injuries that are the mostly commonly reported this time of year include loss of hearing, blindness, amputations, smoke inhalation, PTSD, and shock. People have lost eyeballs, fingers, limbs, and suffered permanent scarring or disfigurement.

Important Safety Tips to Follow This Independence Day:

🎆 Monitor and assist children with fireworks at all times. Never allow children to play with fireworks alone, even sparklers.

🎆 Never keep your body parts near a firework. Maintain a safe distance, even when lighting them.

🎆 Immediately back FAR away from a firework after lighting it.

🎆 Never light multiple fireworks at once. Always light one at a time.

🎆 Have a full bucket of water or a hose that is already turned on in the case of a fire.

🎆 Always drench a firework with water before tossing it into the garbage.

🎆 Purchase and use LEGAL fireworks in Indiana.

🎆 If cooking out, monitor the grill at all times.

🎆 Position your grill in an open area away from the house and other structures.

🎆 Follow the grill’s manufacturer’s instructions for safe use.

🎆 Use long-handled grilling tools to avoid burn injuries.

🎆 Do not let children use or turn on the grill.

If you or your loved one is injured, either by a firework, fire, burn, or other type of 4th of July accident, it is important that you learn your rights to recovering compensation for your damages and losses. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney who truly wants to see you fully compensated after being injured as a result of another’s negligence. We represent injured persons throughout the state of Indiana.

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Frequently Asked Questions About Summer Camp Accidents and Liability

When your child is seriously injured at a summer camp, as the parents, you are left with loads of questions, concerns, and significant medical bills. For this reason, it is natural for you to question which party should be held responsible for your family’s damages and losses incurred as a result of your child’s injuries. By better understanding the laws and regulations surrounding summer campground liability, you can place yourself at an advantage when preparing to meet with a personal injury lawyer to discuss the claim.

In fact, continue reading to review frequently asked questions about summer camp accidents and liability, and learn how to get started with a free case evaluation as soon as tomorrow.

Child Injury Lawyers Indianapolis IN 317-881-2700
Child Injury Lawyers Indianapolis IN 317-881-2700

Summer Camp Accident FAQS

What Happens if My Child is Injured While Overnight Camping or Hiking?

When going on an overnight camping excursion or even a simple hike, you know there are certain risks and liabilities involved in trekking through the wilderness. You generally only anticipate the foreseeable risks, like bug bites, sunburns, dehydration, and poison oak. But there are many other accidents that can happen that you should be aware of. If your child was injured on a similar camp outing, you should speak with an Indiana personal injury lawyer who can identify whether or not the camp had a duty of care, if they breached that duty of care, and if that breach was a responsible cause of your child’s injuries. If you can prove these things, then you can win your case against a negligent summer camp.

Can I Sue a Summer Camp if My Child is Seriously Injured After Slipping and Falling at the Pool?

The same scenario applies to a summer camp slip and fall, poolside injury. In order to win your claim, you would have to prove to the courts that the summer camp/pool had a duty of care, breached that duty, that breach caused your child serious harm, and your family suffered losses as a result of your child’s injuries. This is why you need an experienced Indiana accident attorney to help navigate and win your case.

Can Summer Camp Waivers Be Legally Enforced?

When you enroll your kids into a summer camp, one of the first documents they will have you sign is a waiver. This waiver is an attempt to alleviate as much liability and responsibility for injuries and accidents to children. Sometimes, these waivers are legally enforceable, but they also have their limits depending on the circumstances of your case.

Who is Liable for Children’s Injuries at Summer Camp?

Parents simply want to know who is responsible for their child’s injuries at summer camp. The answer sometimes is not clear and varies from case to case depending on the individual circumstances. However, most often it is the summer camp that ultimately has a duty of care to supervise minors while under their care. This responsibility falls under Premise Liability Law. The law can get complicated and you need a personal injury attorney to assist you in your case.

Is a Summer Camp Required to Disclose Staffs’ Criminal Backgrounds?

Summer camps have a duty to perform background checks on their employees, as well as a duty to disclose any reports or allegations of suspected child misconduct or abuse to parents. This is why extensive research of summer camps is so strongly recommended.

Are you ready to learn about your eligibility for pursing legal action against a negligent Indiana summer camp or counselor? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before the statutes of limitations runs out on your claim or evidence supporting your claim is lost.

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What to Do if Your Child Was Injured Because Another Adult Was Negligent

Children are on a continuous learning curve, as they have new and curious experiences every day. For this reason, children of all ages require adequate supervision at all times; this is especially critical in younger stages of life when kids are at a much higher risk of being injured in accidents. When such injuries and accidents occur as a result of an adult’s negligence, it could very well be considered grounds for a negligent supervision claim under tort law.

If your child was recently injured because another adult was negligent, reckless, or otherwise careless, continue reading to learn your rights for pursuing legal action against them for the sake of recovering from the at-fault party’s insurance carrier the full and fair compensation they deserve for their damages and losses.

Indianapolis IN Child Injury Attorneys 317-881-2700
Indianapolis IN Child Injury Attorneys 317-881-2700

Negligent Supervision and Child Injury Claims

It is impossible for parents to be with their children all hours of the day, every single day, 365 days a year. For the sake of having a career and a social life, parents commonly entrust their children to the care of babysitters, daycare providers, schools, family and relatives, and similar sources of childcare. So, when accidents happen to children while in the custody of an entrusted caregiver, the question of negligence is a common occurrence; especially when a child’s injuries lead to significant damages and losses in the child’s and family’s life, including hospital bills, medical expenses, pain and suffering, lost wages for missing work, and much more.

Inadequately or not providing supervision for a child that is ultimately injured in their care places a person at fault in a negligent supervision lawsuit. Caregivers, whether professional or non-professional, take on a legal duty of care when they accept responsibility for watching a child. They must uphold this duty of care by ensuring that the child is safe and protected from any foreseeable hazards in their surrounding environment.

An example of negligent supervision would be if a child drowns in a swimming pool while being babysat. Another example of negligent supervision would be if a child suffocates from swallowing a toy at daycare. Both of these instances hypothetically occur because the child wasn’t being properly monitored and supervised while in the care of a sitter or daycare employee. In any case of negligent supervision, a caregiver breaches their duty of reasonable care for a child, thus resulting in a child sustaining serious injuries or even dying.

Most Common Types of Child Injury Cases:

▷ Swimming Pool/Drowning Accidents
▷ Falls From Heights
▷ Defective Toy/Playground Accidents
▷ Dog Bites/Attacks
▷ Household Poisoning Incidents
▷ Firearm/Gun Incident

Indiana Child Accident Lawyers

If your child was injured while in the care of another adult, and it occurred because that adult was careless or reckless in some way or another, it is important that you contact in Indiana Child accident lawyer right away. There is a statute of limitations that restricts how long you have to file a claim against an at fault party in order to recover compensation for your damages and losses. Aside from the statutes of limitations for your personal injury claim, it is important to speak with a lawyer as soon as possible before evidence is lost for the case.

Not sure which personal injury law firm to trust with your child injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an expert child injury accident attorney in Indianapolis, Indiana.  We represent the families of injured children, the child, and the families of children who are deceased as a result of the negligence of another throughout the state of Indiana and Indiana residents who are injured in other states.

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These are Suggested to Be the Most Dangerous Children’s Toys of 2020

The holiday season is upon us, and the gift giving among loved ones and friends has been quite blissful. And why wouldn’t it be? After all, when giving and receiving presents, one would never dream of a gift being potentially harmful in any way, especially for children. But according to the popular and esteemed consumer group W.A.T.C.H. (World Against Toys Causing Harm), 2020 has proven to be the year of some of the most dangerous and defective child toys. Whether a parent, guardian, family member, or friend, giving a child a gift is a meaningful and fulfilling experience, so be sure the toy is something that will be safe for them to play with.

These are the top ten dangerous children’s toys of 2020, according to the research specialists at World Against Toys Causing Harm, and learn what to do if your child is harmed by an unsafe or defective toy.

Indiana Defective Product Child Injury Attorneys
Indiana Defective Product Child Injury Attorneys 317-881-2700

Top 10 Unsafe Children’s Toys of 2020

World Against Toys Causing Harm (W.A.T.C.H.) reports that a child is sent to the emergency room every 3 minutes for injuries related to a dangerous or defective toy. Following the holiday season, be sure you are inspecting and monitoring your children’s gifts to safeguard them from any potential hazards. If your child is harmed by a hazardous or defective toy, contact a licensed Indiana personal injury attorney who specializes in child injury claims to learn your rights to pursuing legal action against the negligent manufacturer or other potentially at-fault party.

Here are the top ten “worst” toys of 2020 holiday season as suggested by the accredited consumer group World Against Toys Causing Harm (W.A.T.C.H.), and why:

Boom City Racers – This toy is recommended for children ages 4 year and up, but comes with a serious risk of face and eye injuries. The manufacturer/distributor is Moose Toys LLC.

Missile Launcher – This toy is recommended for children ages 5 and up, but poses a high risk of both facial and eye injuries. The manufacturer and distributors are Toysmith and Redballoontoystore.com.

Marvel Avengers Vibranium Power FX Claw – Like the missile launcher, this toy is recommended for children ages 5 and up, and also poses a serious and potential risk of face and eye injuries. The manufacturer is Hasbro.

Gloria Owl – This toy is recommended for children ages 1 year and up, but comes with a very high and serious risk of ingestion. The manufacturer/distributor is Jellycat Ltd.

Star Wars Mandalorian Darksaber – This toy is recommended for children ages 4 year and up, but can potentially cause blunt force injuries and eye injuries. The manufacturer/distributors are Hasbro and Disney.

WWE Jumbo Superstar Fists – This toy is recommended for children ages 3 and up, but has a very high and possible risk of blunt force and impact injuries to the entire body. The manufacturer/distributor is Jakks Pacific, Inc.

Sci-Fi Slime – This slime toy is recommended for children ages 10 and up, but has a high risk of several chemical-related injuries. The manufacturer/distributor is Alex Brands-Scientific Explorer.

Boomerang Interactive Stunt UFO – This toy is recommended for children ages 8 and up, but has a high risk of cutting and propellor-related injuries. The manufacturer/distributor is Amax Group.

Calico Critters Nursery Friend – This toy is recommended for children ages 3 and up, but it turns out to be a possible choking hazard. The manufacturer/distributor is Epoch Co., LTD.

My Sweet Love Lots of Love Babies Minis – This toy is recommended for children ages 3 and up, poses a potential choking hazard risk. The manufacturer/distributor is JC Toys Group, Inc; Walmart Inc.

Did Your Child Suffer Harm From a Dangerous Toy in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a child injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are fully-prepared to recover the full and fair compensation you deserve after your child was seriously injured by a defective or hazardous toy. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured adults and children all throughout the State of Indiana.

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The 4 Basic Consumers Rights

When you buy a product, whether from a store or directly from the manufacturer, you expect it to be safe. So, when a defective or harmful product causes you or your loved one injury, the rules are on your side. The law imposes several statutory duties onto commercial manufacturers and businesses in order to protect their consumers from harmful products. In fact, some states have even codified such regulations into law. These are known as consumer rights, and although they are not strict law in all jurisdictions, they are widely accepted legal principles that affirm a victim’s right to being compensated for their damages and losses after being injured by a harmful or defective product. 

Continue reading to learn the four basic consumer rights that are widely recognized in the United States under product liability law, and how they protect you from harmful products.

Indiana Defective Product Injury Lawyers
Indiana Defective Product Injury Lawyers 317-881-2700

Basic Consumer Rights

Consumer rights refer to a particular body of law that sets specific standards and regulations for manufacturing companies and businesses to protect their consumers from danger. Although subjective, four basic consumer rights that are widely accepted are 1) the right to be informed, 2) the right to safety, 3) the right to choose, and 4), the right to voice your opinion.

Your Right to Safety

Not only is the right to safety the most widely accepted of all the consumer rights, but it is also arguably the most imperative. A consumer should be fully-protected when they purchase and use a product from a manufacturer or business. All products should be reasonably safe, so long as they are properly used for their intended purpose. But when a product causes serious injury to a consumer, whether as a result of manufacturer negligence or some other reason, this is often in violation of their consumer right to safety.

Your Right to Information

The consumer right to being informed is important because no consumer should be left in the dark about anything relevant to the use or operation of a product they’ve purchased. Not knowing everything there is to know about the makeup, operation, and warnings of a product can put the consumer at high risk for injury and harm. False or misleading claims, poor labeling, and insufficient manufacturing information can be dangerous for a consumer, especially in cases of medications, healthcare devices, and highly flammable products.

Your Right to Choose

Another universally-recognized consumer right is the right to choose. Basically, this abates the growth and development of monopolies, this way, consumers are allowed the benefit of comparing products, prices, retailers, vendors, and decide based on their research. Many states have introduced anti-trust and unfair competition laws to protect this consumer right.

Your Right to Voice Your Opinion

Although not entirely statutory among all jurisdictions, it is still generally agreed upon that consumers have the right to be heard. In fact, with the growing technologies available today, consumers are given the platform to voice their opinions on products through customer testimonials, online reviews, social media, and more. This not only allows consumers to rate products and inform others on their experience with them, but it also lets them voice their concerns, to both their audience and the manufacturers themselves.

Have You Been Injured By a Defective Product in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to filing a product liability claim against a negligent manufacturer or retailer. Our experienced Indiana product liability lawyers can help you recover the full and fair settlement or verdict you deserve after being injured by an unreasonably defective or harmful product. We offer free initial consultations, and do not collect attorney fees unless we obtain compensation for you. We serve clients in Indianapolis and throughout the state of Indiana. Request a phone, video, or in-office case evaluation, today.

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Facts About Secondary Liability and Indirect Infringement

If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.

Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.

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Secondary Liability is the Same as Indirect Infringement

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.

Vicarious Liability Law Basics

You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.

Contributory Liability

Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case. 

Where to Get Legal Advice for Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.

Indianapolis Personal Injury Lawyers 317-881-2700
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