Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Toys are one of the highlights of the holiday season. They bring excitement, spark creativity, and create lasting memories for children and families. But behind the bright packaging and fun designs, some toys carry risks that aren’t always obvious. Each year, thousands of kids end up in emergency rooms because of unsafe toys that are poorly labeled or not suited for their age.
As parents, grandparents, and gift-givers, it’s essential to look beyond the marketing and think about safety first. Knowing what to watch for, which toys to avoid, and how to make informed choices can help prevent serious injuries. A little awareness goes a long way in making sure the holidays are as safe as they are joyful.
In the rush to check off holiday shopping lists, it’s easy to overlook safety labels. But toy-related injuries are more common than most people think.
The U.S. Consumer Product Safety Commission estimates that in 2022, emergency rooms treated around 152,000 injuries connected to toys. Children under 15 accounted for the majority of those cases.
Choking, head injuries, and eye trauma are among the most reported problems. Often, these injuries result from toys that aren’t appropriate for a child’s age or that lack clear safety instructions.
Holiday toy safety isn’t just about choosing the “right” toy—it’s about knowing the risks and taking steps to avoid them.
Each year, the nonprofit group W.A.T.C.H. (World Against Toys Causing Harm, Inc.) publishes a “10 Worst Toys” list. This list highlights popular toys that may look fun but pose hidden dangers.
Toys are supposed to bring joy—not pain. But even toys labeled as safe can cause serious harm if misused or poorly designed. – W.A.T.C.H.
Attorney Chad McLain of Graves McLain Injury Lawyers has previously discussed these risks in media segments, using real toy examples to show how quickly accidents can happen.
Toys with small parts, hard plastic edges, or projectile mechanisms often appear on W.A.T.C.H.’s list because they can cause injuries even with packaging warnings.
Looking at injury trends can help parents understand where the real risks lie. Here’s a breakdown based on national data.
Toy Type | Common Injury | Affected Age Group | Injury % |
Building Sets | Choking, cuts | 0–5 years | 13% |
Toy Vehicles | Blunt injuries | 5–10 years | 10% |
Non-Motorized Scooters | Fractures, head trauma | 5–15 years | 20% |
Toys with Projectiles | Eye injuries | 3–12 years | 11% |
Small Plastic Toys | Choking | Under 3 years | 17% |
Two examples from recent W.A.T.C.H. reports show how injuries can happen even with warnings.
This toy includes cars that launch out of a plastic chamber using a ripcord. Marketed for children aged four and up, it produces a loud “explosion” sound and can send plastic pieces flying, posing a risk to eyes and ears.
This hard plastic lightsaber invites kids to swing and duel. But its weight and material can cause eye injuries and bruises, especially in children too young to control their movements safely.
Even when packaging includes warnings, many children use toys in unpredictable ways. It’s up to adults to evaluate whether a toy is safe—not just what the box says.
Safe toy shopping doesn’t require special expertise. Just a few key practices can go a long way in protecting children:
It only takes one overlooked detail for a toy to go from fun to harmful. Parents need to look beyond packaging and think about real-life use. – Consumer Product Safety Commission.
If something feels questionable, choose a safer alternative. The best toys engage children without creating needless danger.
When a toy injures a child, the first step is to get medical care. After that, it’s essential to preserve the toy and any packaging. These items may be key evidence in a legal claim.
Under Oklahoma product liability law, parents may be able to take legal action if the toy was:
These cases can involve both the manufacturer and the retailer. A Tulsa product liability attorney can help determine whether a claim is possible and guide families through the process.
Look for age recommendations, inspect for small parts or detachable pieces, and avoid toys with sharp edges or projectiles. Check for recalls before purchase.
Seek medical help immediately, keep the toy and packaging, and document what happened. Then, contact a product liability attorney to explore legal options.
Possibly. If the toy was defective in design and manufacturing or failed to include proper warnings, a product liability claim may be possible under Oklahoma law.
In some cases, yes. Depending on how the injury occurred and what safety measures were ignored, retailers, distributors, and manufacturers may share liability.
Oklahoma generally has a two-year statute of limitations for personal injury claims. However, when children are involved, timing may vary—consult an attorney promptly.
Depending on the severity of the injury and the liability established, families may seek damages for medical costs, pain and suffering, future care, and related losses.
Toy safety isn’t just about making smart purchases—it’s about protecting children from serious, preventable injuries. The holiday season is a time for joy, but that joy shouldn’t come with risks hidden in gift wrap.
If a defective or unsafe toy harms your child, you have the right to ask questions—and possibly take legal action. A product liability claim can help your family recover and may prevent future injuries to others.
Graves McLain Injury Lawyers is here for Tulsa families who need answers and support when toy injuries turn holidays upside down.
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.
