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.

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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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The Interplay between Market Share Ratios and Manufacturer Liabilities

Posted on September 21, 2023 by admin

Understanding the correlation between market share ratios and manufacturer liabilities is essential in today’s competitive business environment. For manufacturers, the liability associated with defective goods is directly proportional to the market share they command. This post aims to delve into the intricate dynamics of this relationship, exploring how market share ratios can impact a company’s financial and legal responsibilities concerning product liability.

With a focus on manufacturer defects and the risks they pose, we will navigate through the complexities that manufacturers need to consider in their journey toward commercial success. Stay with us as we unveil the interplay between market share ratios and manufacturer liabilities.

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Manufacturer Liability

Manufacturers are liable for any defects in their goods that lead to injury or damage. However, the extent of this liability is dependent on how much of the market share they occupy. The larger a company’s market share, the greater its legal responsibility is about product liability cases. This means that manufacturers must exercise care when determining appropriate levels of production and distribution to avoid any potential liabilities.

In the event that a manufacturer is found liable for defective goods, they could face significant financial repercussions. These can range from expensive repairs and replacements to costly legal action, victim settlements, and fines. As such, manufacturers must ensure they have taken all necessary precautions to limit their liability in the event of defective goods.

Market Share Ratios

To effectively manage their liabilities, manufacturers must be aware of the market share ratios they command. Market share is a measure of how much total sales volume a company holds in comparison to its competitors. The higher a company’s market share, the more responsibility it has towards defective product cases. For instance, if a manufacturer produces and distributes a product with a 10% share of the market, then they are only liable for 10% of any defective goods-related damages. On the other hand, if that same company holds 20% or more of the market, their responsibilities may be much greater.

What to Do if You Were Injured By a Defect Product

If you or a loved one was injured by a defective product, it is important to take action. Depending on the situation, that may involve filing a personal injury lawsuit against the manufacturer. In some cases, it may be necessary to contact an experienced product liability attorney who can help guide you through the legal process. Before making any decisions, it is best to familiarize yourself with the market share ratios held by the product’s manufacturer. If they hold a large percentage of the market, then you may have grounds to pursue a more extensive claim against them.

Biggest Product Recalls in Recent Years

In 2019, one of the most notable product recalls involved a large-scale recall of Ford Fusions and Lincoln MKZs due to faulty door latches. The recall resulted in over 1 million vehicles being removed from the market, signifying how important it is for manufacturers to be aware of their market share ratios and potential liabilities. Other major product recalls include Samsung’s Galaxy Note 7 in 2016, General Motors’ ignition switch recall in 2014, and Johnson & Johnson’s Motrin Recall in 2009.

Children’s toys like hoverboards, water balloon slingshots, high-powered water guns, guns with projectile ammunition, backyard swimming pools (above-ground and in-ground), bounce houses, and lawn darts have also been recalled in recent years. These products were dangerous because of faulty design, manufacturing errors, and other issues. See our blog, “These Children’s Toys Made the Most Dangerous List for 2021” for an additional list of some toys to steer clear of.

Conclusion

Manufacturers must pay close attention to their own market share ratios when assessing potential liabilities from product defects. By understanding how their market share ratios can impact their legal responsibilities, companies can ensure they are taking appropriate action to limit potential losses from defective goods.

Would you like to learn how you can bring about a successful claim against a negligent manufacturer or company? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee consultation with an experienced product liability lawyer in Indianapolis, Indiana. We represent clients all throughout the state, so there is no need to travel if you are unable to. We can hold case evaluations via phone or video.

What You Need to Know About Product Recalls and Injury Claims

Posted on March 11, 2020 by admin

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn more about defect products and injury lawsuits, including who to trust for verified legal counsel regarding your potential claim.

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Defective Products and Product Liability

Here in Indiana, product liability cases are governed under The Product Liability Act, which defines a defective product as, “A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”

Filing a Defective Product Injury Claim

An injured victim of a defective or recalled product has up to 2 years to file a claim against the at-fault seller or manufacturer under most situations. Some legal principals to consider when determining a victim’s entitlement to compensation for damages and losses: strict liability and market share liability.

Strict Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses. However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed. And third, a consumer must have obtained the product without a substantial change in its condition.

Market Share Liability

Market share liability is a legal set of rules that plaintiffs and courts use regarding a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. The apportioned share in a market share liability case is not always equal among manufacturers. It is divided according the percentage of the product they produced and distributed at the time a victim was injured by it.

Famous Product Recalls of Our Time

Ford Pinto (1978) – Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers.

Fire Stone Tires (2000) – Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

Renu Moisture Loc Contact Lens Solution (2006) – This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

Mattel Toys (2007) – Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

Ground Beef (2008) – The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall.

Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent product liability injury. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

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Common Types of Wrongful Death Lawsuits

Posted on June 7, 2016 by admin

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When a person is killed or dies as a result of another individual or entity’s negligence, it is called termed a wrongful death. There are infinite ways a person or family can become a victim of a wrongful death. In the case of a wrongful death, the immediate family would receive any monetary penalties, debts, or benefits following the incident. Continue reading to learn more about the different cases of wrongful deaths and what to do in the case of such tragedy.

Medical Malpractice

Medical malpractice is one of the most common cases of negligent deaths. This often occurs for many reasons, including improper medication, incorrect diagnosis, surgical errors, unintentional doctor error, and more. It is commonly the hospitals, doctors, anesthesiologist, medical boards, and more that are held accountable for medical malpractice cases.

Drunk Driving Accidents

Drunk driving is the most common cause of wrongful death accidents. In addition to driving under the influence, distracted driving is another common cause of negligent deaths on the road. Failure to obey traffic signals, ignoring traffic signs, texting and driving, eating and driving, dealing with children and driving, intoxicated driving, and more are examples of distracted driving.

Product Defects

Manufacturer defects in products sold on the market can be another cause of negligent death. When automotive parts, children toys, and food are commonly recalled for defective issues that can cause harm or death to an individual and even pet.

Workplace Accidents

Accidents that result in death within the workplace are another common cause of such cases. Scaffolding accidents, falling from great heights, construction equipment accidents, improper employer safety measures, unsafe work conditions, motor vehicle accidents, and more are common workplace wrongful death lawsuits.

Advice for Victims

Any type of wrongful death case requires the services of a well-versed and seasoned personal injury attorney. Contact an injury law firm right away if someone you love was recently killed in a negligent accident that was not of any fault of their own. You and your family may be entitled to compensation for your damages; like pain and suffering, trauma, post-traumatic stress, mental anguish, funeral expenses, hospital bills, and more.

Wrongful Death Lawyers in Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a wrongful death claim in Indianapolis, Indiana. Seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after wrongfully losing a loved one. We offer free initial consultations and never collect lawyer fees unless we recover for you. Call 317-881-2700 to schedule an appointment with a wrongful death lawyer in Indianapolis, IN today.

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Tag Archives: Product Defects