Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
The holidays are filled with excitement, especially for children unwrapping new toys. But as joyful as gift-giving can be, safety should always come first. Each year, thousands of children are rushed to emergency rooms due to toy-related injuries—many of which could have been prevented with a bit of caution.
At Graves McLain Injury Lawyers, we care deeply about helping Oklahoma families stay safe. Whether you’re shopping online or in-store this season, here’s what you need to know before picking a toy off the shelf.
With holiday toy sales in full swing, it’s easy to assume that any product found at a major retailer must be safe. Unfortunately, that’s not always the case. Many dangerous toys are sold each year before recalls are issued, and some hazards go completely unnoticed until a child is seriously hurt.
In 2022, an estimated 206,400 toy-related injuries were treated in U.S. emergency departments. Nearly three-quarters of those injured were children under 15. — U.S. Consumer Product Safety Commission
Children under age five are especially at risk for choking, while older kids may suffer injuries from fast-moving toys, exposed batteries, or poor design. December is also recognized as National Safe Toys and Gifts Month, a reminder that safety matters just as much as surprise.
Not all toys are built with safety in mind. Here’s how you can lower the risk of injury when buying gifts this season.
Always check the recommended age on the toy’s label. But beyond that, think about your child’s maturity, motor skills, and tendency to put things in their mouth. What works for one 3-year-old may not be safe for another.
Small parts remain one of the leading causes of toy-related injuries. Watch out for items like detachable doll accessories, beads, or game pieces. Even toys that don’t seem hazardous at first can break apart or wear down, creating new risks.
Toys that shoot objects or have exposed mechanisms can cause eye injuries or pinched fingers. Soft toys without complex plastic parts are generally safer for young children.
Buy toys marked with compliance labels like ASTM F963 or “CPSIA Compliant.” These markings show that the toy has met federal safety testing standards.
If you’re buying ride-on toys like scooters or bikes, add a properly fitted helmet, wrist guards, or elbow and knee pads to the gift. While packaging might show kids wearing them, they’re often sold separately.
A toy doesn’t have to be recalled to be dangerous. Many defective products fly under the radar until a child is hurt. — Graves McLain Injury Lawyers
Not all defective toys are pulled from shelves in time. In fact, many stay in homes long after a recall. That’s why it’s essential to do a quick check before wrapping any new toy.
A toy may be considered defective if it has:
All toys intended for use by children under 12 must comply with federal toy safety standards, including testing for lead, phthalates, and mechanical hazards. — Consumer Product Safety Improvement Act (CPSIA)
You can search the Consumer Product Safety Commission recall list by product name, brand, or type. This is especially useful for catching recent issues that haven’t made news headlines.
Age Group | Common Hazards | Toy Types to Watch |
| Under 3 Years | Choking on small parts, cords, toxic materials | Mini figures, balloons, teething rings |
| Ages 3–5 | Sharp edges, detachable pieces, button batteries | Dolls, ride-on cars, musical toys |
| Ages 6–10 | Projectile injuries, sound damage, magnets | Nerf-style guns, drones, science kits |
| Ages 11+ | Burn risk (electronic toys), improper use, hoverboards | RC cars, electric scooters, DIY kits |
Even careful choices can sometimes lead to harm. If a toy injures your child, your first step should be medical attention. After that, save the product, packaging, and receipt if possible.
These items can help identify what went wrong and whether the toy was defective. In Oklahoma, you may be able to pursue a product liability claim if a toy’s design, manufacturing, or labeling contributed to your child’s injury.
Graves McLain Injury Lawyers helps families understand their legal options in these situations. Every case is different, and having the right guidance matters.
To reduce risk, keep these habits in mind:
Most involve choking, cuts, bruises, eye injuries, and fractures. Ride-on toys and small parts are often engaged in ER visits.
Visit the CPSC.gov recalls page. You can search by product name or category.
Not necessarily. Some dangerous toys slip through safety checks. Always inspect the packaging, look for certifications, and check recall databases.
Even without a recall, if the toy was defective or lacked proper warnings, you may have a valid product liability case.
Yes. The Consumer Product Safety Improvement Act (CPSIA) sets federal standards. Before being sold, toys must meet testing and labeling rules.
Possibly. If the product was defective, the seller or manufacturer may be liable, regardless of who purchased it.
Giving toys during the holidays is a tradition filled with joy, but it’s also a time to think carefully about safety. Not every toy on the shelf has been tested as thoroughly as it should. Taking a few minutes to inspect labels, research recalls, and think through the risks can make a big difference.
If your child has been injured by a toy that should have been safe, Graves McLain Injury Lawyers is available to assist you in comprehending your legal alternatives. You don’t have to figure it out alone.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
