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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Injured by a Defective Product? Your Next Steps Matter

Posted on October 10, 2025 by admin

When you purchase a product, you trust that it is safe for its intended use. Unfortunately, that trust is sometimes broken. A defective product can cause serious, unexpected injuries, leaving you with physical pain, emotional distress, and significant financial burdens.

According to the U.S. Consumer Product Safety Commission (CPSC), thousands of product-related injuries and deaths occur each year in the United States. If you’ve been harmed by a faulty item, understanding your rights and knowing what to do next is crucial for protecting your well-being and seeking the justice you deserve. This guide outlines the immediate steps you should take after a defective product injury in Indiana.

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Identifying a Defective Product

Not every injury involving a product qualifies for a legal claim. To build a successful product liability claim, the injury must result from a specific defect. In Indiana, product liability cases generally fall into three categories of defects.

1. Design Defects

A design defect exists when a product is inherently dangerous, even when manufactured and used correctly. The flaw is part of the product’s core design, making every unit produced unsafe.

Example: An e-cigarette model that is designed in such a way that it is prone to exploding during normal use.

2. Manufacturing Defects

A manufacturing defect occurs during the production process. An error or oversight on the assembly line makes a specific unit or batch of products unsafe, deviating from the intended design.

Example: Tainted food products that become contaminated with bacteria at a processing plant, leading to food poisoning outbreaks.

3. Marketing Defects (Failure to Warn)

A marketing defect, also known as a failure to warn, happens when a product is sold without adequate instructions or warnings about non-obvious dangers. The manufacturer has a duty to inform consumers about potential risks associated with the foreseeable uses of their product.

Example: A children’s toy with small, detachable parts that pose a choking hazard but lacks a clear warning label for parents.

Other real-world examples of defective products could include defective airbags that fail to deploy in a crash or faulty medical devices that cause complications and require additional surgeries.

Documenting the Injury and Defect

Evidence is the cornerstone of any defective product claim. Immediately after the incident, it is vital to preserve as much evidence as possible. Strong documentation will support your case and help your product liability attorney establish the connection between the defect and your injuries.

Key evidence to collect includes:

The Product Itself: Do not throw away the defective product, its packaging, or any accompanying instructions or manuals. Keep them in the exact condition they were in at the time of the injury.
Proof of Purchase: Locate receipts, credit card statements, or any other documentation that proves when and where you bought the product.
Photos and Videos: Take clear photos and videos of the defective product, the visible defect, and your injuries. Also, capture images of the scene where the injury occurred.

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Seeking Prompt Medical Attention

Your health should always be your top priority. Seek medical attention immediately after being injured, even if you believe your injuries are minor. Some injuries may not be immediately apparent and can worsen over time.

Seeing a doctor serves two critical purposes:

Ensures Proper Treatment: A medical professional can diagnose your injuries and recommend a course of treatment to prevent further complications.
Creates an Official Record: Your medical records will become a crucial piece of evidence in your Indiana injury claim. They document the extent of your injuries, the treatments you received, and the associated medical costs, potentially linking them directly to the defective product incident.

Keep a detailed file of all medical bills, treatment plans, prescriptions, and correspondence with healthcare providers.

Consulting with a Product Liability Attorney

Navigating Indiana’s product liability laws can be complex. Consulting with an experienced product liability attorney is one of the most important steps you can take. A defective products lawyer can help you understand your legal rights and evaluate the strength of your personal injury case.

In Indiana, several legal nuances can impact your claim:

Strict Liability: Indiana has a “strict liability” statute. This means you may not have to prove the manufacturer was negligent—only that the product was defective and caused your injury.
Modified Comparative Fault: Indiana follows a modified comparative fault rule. If you are found to be partially at fault for your injury, your compensation will be reduced by your percentage of fault. You cannot recover any damages if you are found to be 51% or more at fault.
Statute of Limitations: Generally, you have two years from the date of the injury to file a product liability claim in Indiana. Missing this deadline can prevent you from ever seeking compensation.

A product liability lawyer will handle all communication with manufacturers and insurance companies, allowing you to focus on your recovery.

Filing a Product Liability Claim

Once you have gathered evidence and consulted with an attorney, the next step is to file a product liability claim. Your attorney will guide you through this process, which typically involves notifying the manufacturer and their insurance company of your intent to seek compensation.

You may be able to recover damages for:

Medical expenses (past and future)
Lost wages and loss of future earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement

Your attorney will work to negotiate a fair injury settlement. If a settlement cannot be reached, they will be prepared to take your case to court to fight for the compensation you are owed.

FAQ’s About Defective Product Claims

What types of defects can lead to a product liability claim in Indiana?

In Indiana, product liability claims can arise from three main types of defects: design defects (the product is inherently unsafe), manufacturing defects (an error occurred during production), and marketing defects (inadequate warnings or instructions).

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

The statute of limitations for product liability claims in Indiana is generally two years from the date the injury occurred. It’s crucial to act quickly to avoid losing your right to file a claim.

What kind of compensation can I recover in a defective product case?

Compensation, or damages, can cover economic losses like medical bills and lost wages, as well as non-economic losses such as pain and suffering, emotional distress, and permanent disability.

How does Indiana’s comparative fault rule affect my product liability claim?

Indiana’s modified comparative fault rule means that if you are found partially responsible for your injury, your compensation will be reduced by your percentage of fault. If your fault is determined to be 51% or more, you cannot recover any damages.

Do I need a lawyer to file a product liability claim in Indiana?

Yes. It is highly recommended to hire an experienced product liability attorney. These cases are complex, and an attorney can navigate the legal system, gather evidence, and negotiate with powerful corporations and insurance companies on your behalf.

How much does it cost to hire a product liability attorney?

Most product liability attorneys work on a contingency fee basis. This means you do not pay any attorney fees unless you win your case. The fee is typically a percentage of your final settlement or award.

CLOSING REMARKS

Being injured by a defective product can be a traumatic and overwhelming experience. By taking swift, deliberate action, you can protect your rights and begin the journey toward recovery. Documenting the evidence, seeking medical care, and consulting with a knowledgeable attorney are essential steps in holding negligent manufacturers accountable.

If you or a loved one has been harmed by a defective product in Indiana, don’t wait. Contact us today to book a free case evaluation to learn how we can help you seek the justice and compensation you deserve.

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Indiana Product Liability Claims: Key Points to Know

Posted on April 3, 2024 by admin

Suffering an injury from a product that you trust to be safe can be a harrowing experience. Whether it’s a malfunctioning vehicle part, a hazardous household appliance, or a harmful pharmaceutical drug, dealing with the aftermath of a defective product can be overwhelming.

For residents of Indiana facing such a situation, understanding their rights and the legal process is a crucial step towards seeking justice and recovery. This comprehensive guide is designed to empower consumers and injured individuals with the knowledge necessary to pursue a product liability claim in Indiana.

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The Scope of Product Liability in Indiana

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for the products they make available to consumers. In Indiana, product liability law is grounded in the principle that those involved in bringing a product to market are responsible for ensuring it is reasonably safe for its intended use.

Types of Product Defects

The law recognizes three primary types of product defects:

Design Defects: These occur when the product’s initial design is flawed, making the product inherently unsafe.
Manufacturing Defects: This type of defect happens during production. It means that the product deviates from its intended design, making it more dangerous than intended.
Marketing Defects: Also known as “information defects,” these occur when the product lacks proper instructions or warnings, or when the marketing fails to inform consumers of potential hazards appropriately.

Legal Framework in Indiana

Indiana’s legal framework for product liability claims is primarily found in two sources:

Indiana Code Title 34: The section pertaining to product liability governs lawsuits for injuries caused by dangerous or defective products. It outlines the procedures for filing a claim and potential damages.
Court Decisions: In Indiana, court decisions can also establish and clarify the law, especially where statutes are silent or ambiguous on specific issues.

Filing a Product Liability Claim in Indiana

Filing a product defect claim involves a series of steps, each with particular requirements and considerations.

Requirements and Procedures

To have a successful product liability claim in Indiana, you must demonstrate the following:

You were injured or suffered losses.
The product had a defect that caused your injury or loss.
The defect existed at the time the product left the control of the manufacturer.
You were using the product as intended at the time of the injury.

The legal procedures for filing a claim are complex and will require significant evidence and legal justification. This often involves working closely with an experienced attorney who can guide you through the process.

Statute of Limitations

In Indiana, the statute of limitations for defective product claims is generally two years from the date of the injury. It’s essential to be aware of this time frame, as the court will likely dismiss any claim brought after this period has expired.

Types of Compensation Available

A successful product liability claim can result in several forms of compensation, also known as “damages.”

Damages for Injuries and Losses

Compensatory damages are awarded to make the injured party whole by covering:

Medical expenses related to the injury, pain and suffering
Lost wages, if the injury causes the claimant to miss work
Property damage resulting from a defective product
Any other economic losses incurred due to the injury

Punitive Damages

In cases where the defendant’s conduct is exceptionally reckless or egregious, punitive damages may be awarded. The purpose of punitive damages is to punish the defendant and deter similar conduct in the future.

Hiring an Attorney for Your Product Liability Claim

Navigating the legal system with a product liability claim can be daunting, especially given the complexities involved. It is highly recommended to seek the expertise of a qualified attorney.

Importance of Legal Representation

An attorney experienced in product liability claims can:

Provide a clear understanding of your rights and legal options
Defend your interests against the legal teams of potentially large and well-funded companies
Manage the complex legal process, including filing paperwork and negotiating with insurers
Gather and present necessary evidence to support your claim

How to Choose the Right Attorney

When selecting a lawyer for your product liability claim, consider the following:

Experience with product liability cases
A record of successful cases with substantial settlements or jury awards
Clear and transparent communication about your case
A contingency fee structure, where you only pay legal fees if you win your case

By selecting the right lawyer, you significantly increase your chances of a favorable outcome in your claim.

Wrapping Up

Remember, you have legal rights as a consumer, and the law is on your side when it comes to holding negligent parties accountable for the products they have placed into the market. Don’t hesitate to explore your options and take action towards seeking the compensation you deserve.

With this comprehensive guide in hand, you are now equipped to approach the process of filing a product liability claim with confidence and clarity. Don’t bear the burden of a product manufacturer’s mistake alone—reach out to a trusted attorney, and take the first step towards justice and recovery.

If you or a loved one has been injured by a defective product in Indiana, it’s important to act swiftly and decisively. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned product liability lawyer in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states and residents of other states injured in Indiana.

How to Take Legal Action if You Are Injured by a Defective Product

Posted on May 18, 2023 by admin

No one should ever be injured because of a defective product, yet it happens all too often. Whether you have suffered an injury due to a faulty appliance, car, or other consumer item, you may be entitled to compensation for your losses. The best way to recover fair damages is by taking legal action against the responsible party with the help of an experienced personal injury lawyer. This post will discuss how to take legal action if you are injured by a defective product and what kind of compensation you may be able to receive from a defendant’s insurance carrier.

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What are Defective Products?

It’s no secret that defective products pose a serious risk to consumers. A defective product can be anything from a simple kitchen appliance to a piece of machinery on a construction site. The most common type of defective product is a manufacturer defect, which occurs when a product is faulty due to a mistake in the manufacturing process. When a defective product causes harm to an individual, the manufacturer can be held responsible under product liability laws.

It’s important for consumers to know their rights and to understand the risks associated with using a defective product. By educating ourselves on this topic, we can better protect our well-being and hold manufacturers accountable for their products. If you or someone you love has been wrongfully injured by a defective item, you could be in a position to pursue legal action and a settlement against the manufacturer or company. Any settlement or verdict would be paid by their insurance carrier.

Hold Onto the Product

It is vital that you keep the product and any receipts, the box the product came in and any paperwork that came with the purchase of the product.

What to Do After Being Injured By a Defective Product:

► Establish Fault

First, you must determine if the product that caused your injury was defective or not. In order to do this, you will need to obtain an expert, review the product’s design, manufacturing process, and any known safety hazards associated with its use. If the product is found to be defective in some way, then it is likely that a case of product liability can be made against the manufacturer or seller.

► Speak With a Product Liability Lawyer

Once it has been established that a defective product was responsible for your injuries, you should consult with an experienced personal injury lawyer who concentrates on cases involving product liability. Your product liability lawyer can help you assess your legal options and document a strong case for compensation. Depending on the facts of your defective products case, there are several damages that may be claimed such as medical expenses, hospital bills, lost wages, scarring, pain and suffering, emotional distress, and much more.

► Document Your Case Alongside Your Attorney

In order to document a strong case for compensation, your defective products lawyer needs to gather evidence such as product design documents, reports of similar injuries caused by the same product, and witness statements. This process can be time consuming but is essential in making sure that you receive the full amount of damages you are entitled to.

Learn Your Eligibility for Pursing Legal Action Today

If you have been injured by a defective product and are considering taking legal action against the responsible party, it is important to remember that there are deadlines associated with filing a claim. Depending on where you live and other relevant factors, these deadlines can vary considerably so make sure to contact an experienced accident lawyer as soon as possible after being injured.

When it comes to taking legal action after being injured by a defective product, the most important thing is to work with an experienced lawyer who can provide you with reliable information and advice. With the help of a knowledgeable Indianapolis personal injury lawyer, you can maximize your chances of getting full compensation for your losses.

Would you like to learn more about your manufacturer defect injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury consultation with one of our esteemed and experienced product liability attorneys, today. Request to have your meeting over the phone, online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Top Product Recalls in 2022

Posted on January 13, 2023 by admin

Product recalls are a serious issue that can have huge impacts on consumers and businesses alike. In 2022, we’ve seen several product recalls due to safety risks or faulty components, ranging from automobile parts to toys and electronics. Product liability laws exist to protect consumers by ensuring companies are held accountable for defective products they make available in the market.

Here is an overview of some of the biggest product recalls so far this year, as well as tips for seeking compensation if you’ve been injured by a recalled item.

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The Most Recalled Products of 2022

Electrical Equipment Malfunctions

In 2022, the number of product recalls grew significantly. The majority of recalls were due to faulty electrical equipment, food and beverage products, and automobile parts and accessories. One notable recall was of electric blankets made by a well-known company due to an issue with the internal wiring that could cause them to short circuit and potentially start a fire. The company issued a full refund to all customers and urged them to stop using the product.

Baby Products

Another recall that made headlines was of a popular brand of baby formula due to contamination with salmonella bacteria. This caused significant health risks for those who consumed it, some being hospitalized as a result. The manufacturer offered free replacements and refunds for any recalled product.

Automotive Defects

The automotive industry also experienced several recalls in 2022, with the majority being for faulty brake components or problems with fuel systems. In one case, a major car manufacturer was forced to recall tens of thousands of its newest models due to an issue with their ignition switches that could cause them not to start properly.

These product recalls are a reminder of the importance of selling safe products. It’s important for manufacturers and retailers to stay up to date on recall information and take the necessary steps if advise buyers they have purchased a recalled product.

Defective Product Injuries

In the event that an individual is injured by a product, whether due to negligence or defect, it is important for them to understand product liability and their rights. Generally speaking, product liability laws allow individuals who have been injured by a product to seek compensation from a product’s producer or seller for any losses incurred as a result of their injury. A defective products lawyer in Indianapolis can help individuals navigate product liability law and pursue a claim for compensation.

Product liability attorneys concentrate on helping people who have been injured by various product defects or recalled products. When an individual is harmed by such a product, they typically will want to seek legal advice from a defective product attorney with expertise in this area. These lawyers typically work on product liability cases related to product design defects, manufacturing defects, labeling defects, and recalled products.

A product liability attorney will also be able to provide advice about an injured victim’s rights and what type of compensation they may be eligible for. They can also help individuals understand product safety regulations and inform them of any product recalls that have been issued. Additionally, Indianapolis product liability attorneys can assist in filing product liability claims and litigating product liability cases.

Talk to a Product Liability Attorney Today

It is important for individuals to understand their rights if they have been injured by a product and to seek proper legal advice so that they are not taken advantage of by the product’s manufacturer or seller. In fact, always keep the product at issue as evidence. A product liability lawyer in Indianapolis can provide guidance and assistance throughout the product liability process and give individuals a better chance of obtaining compensation for their losses.

Speak with a seasoned civil litigator who can help you determine the best course of action for your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled defective products attorney in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold consults via phone or online video conference, which means there is no need to travel.

Do I Have a Legal Claim If I Am Injured By a Shopping Cart?

Posted on October 11, 2022 by admin

Shopping carts are such a common commodity that many people fail to realize just how dangerous they can be. When used, corralled, or maintained negligently, shopping carts can cause serious and long-lasting injuries to both adults and children. If you or your child recently sustained injuries in a negligent shopping cart accident, you may be wondering if you have a valid legal claim, either against the proprietor or another shopper.

Continue reading to learn some helpful information about shopping cart injury claims, plus who to trust for dependable legal advice regarding personal injury cases in Indiana.

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Shopping Cart Injuries and Legal Claims

Shopping cart accidents can involve children and adult shopping carts. These days, shopping carts found at retail stores come in all sorts of styles, from racecars and miniature shopping carts for children to adult size shopping carts, basket carts, double tier carts, platform carts, and more. As for the a conventional, adult-sized shopping cart, a new study the Clinical Pediatrics journal reports that between the years 1990 and 2011, more than 500,000 children were admitted into the emergency room due to shopping cart related injuries. Using this data, the study reveals that an average of 24,000 children go to the hospital each year for shopping cart related injuries, which comes out to sixty-six hospital admissions every day.

With astonishing statistics like these, it is important to protect yourself and your loved ones from negligent shopping cart accidents. If you or someone you love was injured by a shopping cart due to the negligence of the store, the shopping cart manufacturer, or another shopper, it is important that you contact an Indianapolis personal injury lawyer to learn your rights for pursuing a legal claim against the at-fault party.

Types of Shopping Cart Injuries

Unfortunately, the safety standards for shopping carts are not regulated on a state or federal level. Instead, they are voluntarily implemented by the shopping cart manufacturer themselves. For this reason, shopping cart safety standards are unbalanced. Furthermore, there has been no observable decrease in shopping cart injuries since 2004 when safety standards were moderately revised for shopping carts.

The most common types of injuries that result from shopping cart accidents are head injuries, orthopedic injuries, lacerations, and contusions. These kinds of injuries commonly result from falling out of the shopping cart, but also due to the shopping cart tipping over, getting run over by a shopping cart, running into the shopping cart, falling over the cart, or getting stuck in the shopping cart (or a body part stuck).

Suing the Store or Another Shopper for Shopping Cart Injuries

Under premises liability laws, store owners are responsible for maintaining a business that is safe and free of any foreseeable hazards. If the store owner failed in any way to protect you from a shopping cart accident, they can be held liable for your damages and losses. If the shopping cart manufacturer is solely responsible for a shopping cart accident, perhaps because the shopping cart was defective or poorly designed, or lacking the proper warning labels about the cart’s risks, the claim would fall under product liability law. In some cases, the shopping cart manufacturer can be held responsible along with the store owner.

If another shopper causes a shopping cart accident because they were reckless or negligent in some way, it can be deemed a civil wrongdoing under Tort law. In this case, the injured person could bring about a claim under tort law and recover compensation for their damages and losses.

Do not start your legal claim process without the help of a seasoned personal injury lawyer who can help you determine the best course of action for your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold meetings via phone or online video conference, so there is never any need to travel.

Injured from a Defective Surgically-Implanted Medical Device?

Posted on August 3, 2021 by admin

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

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Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability: design defects, manufacturing defects, and marketing defects.

► Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

► Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

► Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

You Might Also Read:

Who is Responsible for a Defective Product that Causes Injury to a Consumer?
Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

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

Posted on December 31, 2020 by admin

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.

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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 concentrates on 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.

The 4 Basic Consumers Rights

Posted on December 18, 2020 by admin

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 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.

➀ 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.

➁ 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.

➂ 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.

➃ 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.

What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana

Posted on October 27, 2020 by admin

Polaris vehicles have been gaining popularity among children and teenagers over the past several years. With their off-roading, side-by-side designs, it is no wonder that minors have taken so quickly to these recreational all-terrain vehicles (ATV’s). Taking notice, Polaris exclusively marketed certain models, specifically a youth sport side-by-side, to children, describing a thrilling and fun experience for ages 10 and up.

But unfortunately, there have been some serious accidents involving Polaris off-road vehicles; accidents that have resulted in severe injuries and fatalities to kids in particular. You would think that these children’s accidents were caused by operator negligence in some way, but that is not necessarily so. Some of these accidents were caused by a manufacturer defect in Polaris vehicles. As a response, certain models of Polaris have been officially recalled.

If your child was injured as a result of a recalled Polaris vehicle, your next step is to retain professional counsel, and learn your rights to pursuing legal action against the manufacturer. Continue reading to learn which models of Polaris vehicles have been recalled, what types of accident they are causing, and how to contact a personal injury law firm to get started on your Polaris lawsuit in Indiana.

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Polaris Vehicle Recalls

Polaris has manufactured numerous models of ATV’s and recreational vehicles. But between the years of 2008 and 2018, the company had to recall hundreds of thousands of off-road recreational vehicles because they were defective. Not only were they discovered to have crash hazards, they were also major fire hazards.

The 2015 and 2017 Youth RZR 170 were two of the primary models of Polaris vehicles to have these fire and crash manufacturer defects. A faulty fuel pump ring on the 2015 model caused leakage issues, which resulted in many fires and explosions. The 2017 model also caused fatal fires and explosions due to a cracked fuel tank, faulty wiring that was prone to overheating or short-circuiting. And these are not all. Many more youth-marketed models have been recalled for defects that caused serious collisions and crashes.

Not sure if your child has a recalled model? REVIEW THIS LIST OF POLARIS RECALLS

Polaris Accident Claims for Injured Children

Although Polaris equipped their youth vehicles with parental speed controls and safety kits, they were not comprehensive enough when it came to providing children full protection. For this reason, they could be found negligent, and any child who has suffered serious injuries as a result of a Polaris accident needs justice.

How to Make a Polaris Accident Claim in Indiana

If you or your child is a victim of a recalled Polaris accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys handle both product liability and child injury lawsuits, and offer free case evaluations to hear your accident case. If you have a valid claim, we begin working on your case immediately without requiring any upfront lawyer fees. We have a zero pay guarantee, which means you pay us nothing until we recover a settlement or verdict for you. We serve clients in Indianapolis and throughout the state of Indiana.