Any parent can tell you that there’s no stopping what children will put in their mouth. From toys to clothes to household objects, no object is safe from a toddler’s clutches. Unfortunately, many of these objects contain small parts that are potential choking hazards and could cause serious injury or even death. In fact, choking is the fourth leading cause of unintentional death in children under the age of 5.
But who is responsible for these choking hazards and what products require a choking hazard label? If your child chokes on a product that was not appropriately labeled as a choking hazard, you may be entitled to compensation. Learn more about choking hazard laws below:
Who Is Responsible For a Choking Hazard?
Under product liability law, manufacturers have the duty to adequately warn all consumers of the possible hazards of their product, including potential choking hazards. Manufacturers who fail to warn parents that an object is a choking hazard for children under three years old via a warning label may be found negligent if the child suffered a choking injury or died.
What is a Small Part? What Are The Requirements for a Choking Hazard Label?
Just because a toy is being sold in a well-known store doesn’t mean it’s safe for your child to play with or is in compliance with government regulations. In fact, toys can be on the market for years before problems are identified and the toy is pulled from the shelves, and by that time, many children’s lives have already been at risk.
The United States Consumer Product Safety Commission’s small parts regulation bans toys and other articles that are intended for use by children under three and that are or have “small parts.” A small part is defined as any object that fits completely into a 2.25 inches long by 1.25 inches wide cylinder, which approximates the size of the throat of a child under three years old.
A small part can include:
- A whole toy
- A part or accessory of a toy
- A piece of the toy that breaks off during testing or play
If an object, toy, or game contains small parts and is intended for children at least 3 years old, it must include a warning label.
When Should You Consider Filing a Choking Hazard Lawsuit?
If your child was using a product in the manner in which it was intended and choked on it, sustaining personal injuries, as a parent you can sue.
Successful choking hazard claims aim to prove three main things:
- The manufacturer/retailer/distributor knew about the products danger
- The manufacturer/retailer/distributor failed to warn the public regarding the danger
- The plaintiff was injured due to the manufacturer/retailer/distributor’s failure to warn
Looking to Pursue Compensation After Your Child Was Injured or Died from a Choking Hazard? We Can Help.
Choking hazard cases can be tricky, and are frequently factually specific. Litigating a choking case can require investigation, discovery, and lengthy negotiations with large manufacturers who have more time and resources than you.
If your child suffered personal injury or wrongful death as a result of choking on an unlabeled choking hazard, please contact us for a free consultation. With upstate New York offices in Albany, Saugerties, and Johnstown, we routinely handle cases throughout a wide service area, and are experienced in litigating personal injury claims.
Ready to take the first step towards obtaining the compensation you’re entitled to? Call us at (800) 721-3553 or contact us online to set up a free case review.
Looking for additional legal insight regarding personal injury cases? The following resource is a good place to start:
Five Things To Do In The Initial Moments Following An Accident – Learn about some of the most important things you can do to protect yourself and your rights immediately after you’ve been involved in an accident.
How Much Is My Personal Injury Case Worth? – Learn about the factors that influence how much you’re able to recover by pursuing a personal injury case after a serious injury caused by the negligence of another individual.
Will My Personal Injury Case Go To Trial? – Curious about what will happen with your claim should you choose to pursue it? Concerned that it may end up going to trial? Learn about what to expect when it comes to settling cases in and outside of court.
Source used: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/Small-Parts-for-Toys-and-Childrens-Products
