Toy Safety Tips for Holiday Shoppers This Season

Posted on December 12, 2025 by admin

The holiday season is a magical time, filled with joy, family, and the excitement of gift-giving. For children, nothing sparks more delight than unwrapping a new toy. As parents and gift-givers, seeing their happy faces is priceless. However, this excitement can quickly turn to distress if a toy is unsafe. Each year, thousands of children are treated in emergency rooms for toy-related injuries, a sobering reminder that not all toys are created equal.

A seemingly harmless toy can pose serious risks, from choking hazards to exposure to toxic materials. This guide will walk you through essential toy safety tips, with a special focus on resources and laws in Indiana. By being informed, you can make choices that protect the children you love, ensuring the holidays remain a time of happiness and health.

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Understanding National Toy Safety Standards

When you pick up a toy from the shelf, you’re placing your trust in its manufacturer. Fortunately, there are safety standards in place to guide them. Understanding these labels and certifications can help you identify toys that have been tested for safety.

ASTM International

In the United States, most toys are manufactured to meet the safety standards set by ASTM International, specifically the ASTM F963 – Standard Consumer Safety Specification for Toy Safety. This standard is a set of rules covering everything from the materials used to the mechanical properties of a toy.

It addresses potential hazards like sharp points, small parts that could be choking risks, and the presence of toxic substances like lead and phthalates. While compliance is technically voluntary for manufacturers, it is a legal requirement for toys sold in the U.S. to meet these federal standards.

CE Marking

If you purchase toys from European brands, you might notice a “CE” mark. This signifies that the toy complies with the European Union’s health, safety, and environmental protection standards. The CE mark indicates the manufacturer has verified that the product meets EU safety requirements, which are among the strictest in the world.

When shopping, look for these labels on the toy’s packaging. While they don’t guarantee a toy is completely free of risk, they show that the manufacturer has made an effort to meet established safety benchmarks if these standards were actually followed.

The Importance of Age-Appropriateness

One of the most critical factors in toy safety is choosing products that are appropriate for a child’s age. A toy that is safe for a ten-year-old could be extremely dangerous for a toddler. Manufacturers provide age recommendations for a reason—they are based on a child’s developmental stage and abilities.

For infants and toddlers, who explore the world by putting objects in their mouths, the biggest risk is choking. Toys intended for this age group must not have small parts that can become detached. A good rule of thumb is the toilet paper roll test: if a toy or any of its parts can fit through a standard toilet paper tube, it’s a choking hazard for a child under three.

For older children, toys might involve more complex features, such as batteries, projectiles, or intricate parts. It’s important to consider if a child has the maturity and physical coordination to handle these toys safely. Always read and follow the age grading on the packaging.

Learn More About Child Injury Claims in Indiana ⚖

When a Toy Causes Injury: Indiana Product Defect Laws

Despite our best efforts, injuries can still happen. When a child is harmed by a defective or malfunctioning toy, it’s a devastating experience for any family. In Indiana, consumers are protected by product liability laws, which hold manufacturers, distributors, and sellers accountable for placing dangerous products on the market.

Under Indiana law, a product can be considered defective in three ways:

Design Defect: The toy is inherently dangerous because of its design, even if it’s manufactured correctly.
Manufacturing Defect: The toy was designed safely, but an error during the manufacturing process made it hazardous.
Marketing Defect (Failure to Warn): The toy lacks adequate instructions or warnings about potential, non-obvious dangers.

If a child is injured by a defective toy, their family may be able to file a product liability claim to seek compensation for medical bills, pain and suffering, and other damages. It’s important to act quickly, as Indiana has a statute of limitations that restricts the time you have to file a claim. It is also important for you to save the receipt, the product itself and all packaging and everything that came with the product.

The Role of a Child Injury Lawyer

Navigating a product liability case can be incredibly complex. These cases often involve large corporations with powerful legal teams. Proving that a toy was defective and that the defect directly caused the injury requires significant evidence, technical knowledge, and expert testimony.

This is where a skilled child injury lawyer becomes invaluable. An experienced attorney can:

Investigate the incident and preserve crucial evidence, including the toy itself.
Consult with engineers and safety experts to determine the nature of the defect.
Handle all communications with the manufacturer’s insurance company and lawyers.
Document a strong case to demonstrate liability and fight for the full compensation your child deserves.

Having a compassionate legal advocate on your side allows you to focus on your child’s recovery while they handle the legal complexities.

Where to Find Safe Toys in Indiana

You can increase your chances of buying safe toys by shopping at reputable retailers. In Indiana, locally-owned stores like The Kits & Kaboodle Classic Toys in Carmel or 4 Kids Books & Toys in Zionsville are known for curating quality, safe products. Large chains like Walmart, Target, Sam’s Club, Costco, and Best Buy are also great options.

When shopping online, stick to well-known websites or the official sites of trusted brands. Be cautious of third-party sellers on large e-commerce platforms, as their products may not be subject to the same level of scrutiny.

KEY TAKEAWAYS

By taking a few extra precautions, you can increase your chances that the toys you give this holiday season bring only joy and laughter. Always read labels, consider the child’s age, and inspect toys for obvious potential hazards. Your diligence is a defense against toy-related injuries.

If the unthinkable happens and a toy injures a child, know that you have rights. The legal system provides a path to hold negligent companies accountable and secure the resources needed for your child’s recovery. If you are in this difficult situation, seeking legal advice is a crucial first step.

The attorneys at Craven, Hoover & Blazek, P.C. are dedicated to protecting children and families in Indianapolis. If your child has been harmed by a defective toy pr product, we offer a free case review to help you understand your legal options. Contact Us Today to speak with a compassionate and experienced child injury lawyer.

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Indiana’s Attractive Nuisance Doctrine: What Property Owners Need to Know

Posted on October 21, 2025 by admin

Property owners across Indiana face unique legal responsibilities when it comes to protecting children from harm—even when those children are technically trespassing. Under premises liability laws, the attractive nuisance doctrine creates special duties for property owners to safeguard minors from dangerous conditions that might naturally draw their attention.

This legal principle recognizes that children often lack the judgment to recognize risks that adults would readily identify. Swimming pools, construction equipment, abandoned appliances, and other hazardous features can become liability traps for unsuspecting property owners who fail to take proper precautions.

Understanding how Indiana courts apply the attractive nuisance doctrine can help property owners protect themselves from costly personal injury claims while keeping neighborhood children safe. Whether you’re a homeowner with a backyard pool or a business owner with equipment on-site, knowing your legal obligations under this doctrine is essential for avoiding premises liability issues.

Call 317-881-2700 to Meet With an Experienced Premises Liability Attorney in Indianapolis Indiana

What is the Attractive Nuisance Doctrine?

The attractive nuisance doctrine is a legal theory that holds property owners liable for injuries to child trespassers under specific circumstances. This doctrine emerged from the recognition that children naturally possess curiosity and often lack the capacity to appreciate dangers that would be obvious to adults.

Under traditional trespassing laws, property owners owe minimal duty to trespassers. The attractive nuisance doctrine carves out an important exception for children, acknowledging that certain conditions or objects on property can “attract” children while simultaneously posing serious risks to their safety.

Indiana courts have consistently applied this doctrine to balance property owners’ rights with the compelling need to protect children from foreseeable harm. The doctrine doesn’t make property owners insurers of child safety, but it does require reasonable precautions when dangerous conditions are likely to attract young trespassers.

Elements of the Attractive Nuisance Doctrine in Indiana

For a successful attractive nuisance claim in Indiana, several key elements must be established:

Child Trespasser

The injured party must be a child who was trespassing on the property at the time of the accident. Indiana courts typically focus on whether the child had the maturity and experience to understand the risks involved, rather than applying a strict age cutoff.

Presence of a Dangerous Condition or Object

The property must contain a condition, structure, or object that poses unreasonable risk of serious harm to children. This could include swimming pools, construction equipment, open excavations, or other hazardous features.

Foreseeability of Children Trespassing

Property owners must reasonably anticipate that children might enter their property and encounter the dangerous condition. Factors include the property’s location, previous incidents of trespassing, and whether the condition is visible from public areas.

Failure to Exercise Reasonable Care

The property owner must have failed to exercise reasonable care to eliminate the danger or protect children from harm. This doesn’t require eliminating all risks, but property owners must take steps that a reasonable person would take under similar circumstances.

Examples of Attractive Nuisances

Indiana courts have recognized various conditions as potential attractive nuisances:

Swimming Pools remain one of the most common sources of attractive nuisance claims. Unfenced pools, hot tubs, and other water features can be irresistible to children while posing significant drowning risks.

Construction Sites often contain dangerous equipment, open excavations, and hazardous materials that naturally attract curious children. Heavy machinery, scaffolding, and partially completed structures can create serious injury risks.

Abandoned Vehicles or Appliances pose multiple dangers to children who might climb inside to play. Old refrigerators, freezers, and cars can create entrapment hazards, while broken glass and sharp metal edges can cause lacerations.

Industrial Equipment including conveyor belts, electrical installations, and chemical storage areas can attract children while presenting serious safety hazards. Even seemingly harmless features like large pipes or storage containers can become dangerous playground equipment in a child’s imagination.

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Responsibilities of Property Owners

Property owners have several key obligations under Indiana’s attractive nuisance doctrine:

Regular Inspection and Hazard Identification requires property owners to reasonably monitor their premises for conditions that might attract and harm children. This includes both obvious hazards and conditions that develop over time.

Implementing Reasonable Safety Measures might involve installing fencing, securing equipment, posting warning signs, or removing dangerous items entirely. The specific measures required depend on the nature of the hazard and the likelihood of child trespassing.

Ongoing Maintenance and Monitoring ensures that safety measures remain effective over time. Fences must be kept in good repair, locks must function properly, and warning signs must remain visible and legible.

Defenses to Attractive Nuisance Claims

Property owners can defend against attractive nuisance claims through several approaches:

Lack of Foreseeability involves demonstrating that reasonable property owners wouldn’t have anticipated children trespassing or encountering the dangerous condition. Remote locations or well-secured properties may support this defense.

Exercise of Reasonable Care requires showing that appropriate safety measures were implemented given the circumstances. Perfect safety isn’t required—only reasonable precautions under the specific situation.

Child’s Age and Understanding considers whether the injured child was old enough to appreciate the danger. Older children who clearly understood the risks may have less protection under the doctrine.

Frequently Asked Questions

What should I do if my child was injured on someone else’s property?

Seek immediate medical attention for your child, document the accident scene and injuries, and consult with a premises liability attorney to understand your legal options under Indiana law.

Can I sue the property owner even if my child was trespassing?

Yes, the attractive nuisance doctrine specifically protects child trespassers under certain circumstances. Trespassing doesn’t automatically bar a child injury claim in Indiana.

What types of evidence are important in an attractive nuisance case?

Key evidence includes medical records, photographs and videos of the accident scene, witness statements, documentation of the property owner’s knowledge of the hazard, and expert testimony regarding reasonable safety measures.

How long do I have to file a claim in Indiana?

Indiana’s statute of limitations for personal injury claims is generally two years from the date of injury. However, special rules may apply for minor children, so consult an attorney promptly.

What kind of compensation can I receive in an attractive nuisance case?

Potential compensation includes medical expenses, future medical care, pain and suffering, and other damages related to your child’s injuries. The specific amount depends on the severity of injuries and other case factors.

FINAL THOUGHTS

The attractive nuisance doctrine reflects Indiana’s commitment to balancing property owners’ rights with child safety concerns. Property owners who understand their obligations can take reasonable steps to prevent personal injury accidents while avoiding costly premises liability claims.

Parents should also educate children about trespassing dangers and supervise them appropriately. However, the primary legal responsibility falls on property owners to identify and address conditions that might attract and harm children.

If your child has been injured on someone else’s property, or if you’re a property owner facing an attractive nuisance claim, understanding your rights and obligations is crucial. The complex interplay between premises liability laws, child trespasser injuries, and property rights requires careful legal analysis.

Don’t navigate these challenging legal waters alone. Contact our experienced Indiana premises liability attorneys today for a free consultation to discuss your specific situation and explore your legal options under Indiana law.

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

Posted on June 21, 2021 by admin

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

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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Where to Find Legal Guidance for Your Child’s Injury Claim in Indiana

Posted on June 19, 2020 by admin

Naturally, when we hear our child has been seriously injured in an accident, we fear the worst and hope for the best. No one wants to discover that their kids have been involved in an accident at any level, nonetheless a serious one. To make matters worse, many children are injured as a result of another person or entity’s negligence and lack of care here in the Hoosier state. When this happens, we want details and justice all at the same time. In this case, it is wise to consider making a personal injury claim to recover the compensation your child deserves for the losses, damages, and suffering.

Continue reading to learn what you need to know about finding legal guidance for your child’s personal injury claim in Indiana.

Indiana Child Injury Lawyers 317-881-2700

Who Files a Personal Injury Claim for a Minor?

Parents and legal guardians have a constitutional right to pursue a lawsuit on behalf of their injured children or teenagers. If a minor is unjustly and carelessly injured through no fault of their own or even in the situation where your child may be partially at fault but the other driver is at least equally at fault, your child may be entitled to legal compensation for relative damages. Damages general damages, economic and non-economic damages, compensatory and punitive damages, and more. See our blog, “Legal Facts About Pain and Suffering Damages in Indiana” to learn more about calculating pain and suffering damages in a personal injury case.

Wrongful Death or Injury of a Child

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating cases, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and 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.

Talk to a Licensed Accident Lawyer for Professional Legal Guidance

A licensed and experienced personal injury attorney can assist families with injured children with filing a claim against a negligent party’s insurance company. They have the proper resources, knowledge, and experience to successfully win your case and recover compensation for your damages or your child’s damages. Our goal is to recover full and fair compensation for the injuries and damages sustained and suffered by our injured clients. We will handle all negotiations with opposing insurance companies and their adjusters and attorneys in order to settle out of court. If we cannot come to a full and fair settlement outside of court, we will take your case to trial and let a jury decide the case.

The Cost of a Personal Injury Lawyer

Many parents want to pursue a lawsuit or personal injury claim for their children’s accident and injuries, but they do not in fear that they cannot afford legal services. Fortunately, most accident attorneys, such as ourselves, work on a contingency fee basis. This means we do not collect any legal fees unless we prevail and win your family compensation. See our blog, “What are Contingency Fees?” to learn more about personal injury costs.

From the settlement or judgment, you pay the attorney for our services. If we do not win your case, you owe us nothing. Injury lawyers also offer free initial consultations to assess your case and determine your child’s eligibility for remuneration. If they feel you have a valid claim and believe they can win your case, they will represent you for free until you receive your recompense.

Your Trusted Indianapolis Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for your child in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you and your child deserve after your minor child has been seriously injured in an accident caused by the carelessness of another. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today. We represent injured persons throughout the State of Indiana.

Craven, Hoover, & Blazek P.C.

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