Child Toy Choking Accident

Children Under Age Three Are Most at Risk

for Choking on Toys

Yellow choking hazard warning label for toy made in China.

According to the U.S. Consumer Product Safety Commission, over 200,000 children end up in emergency rooms each year for toy-related injuries, some of them dying as a result. Children under the age of three face the greatest risk of choking on toys due to their tendency to put objects in their mouths and the small size of their upper airways. Children learn and develop through sensorimotor play when they discover and play with objects. They engage all five senses by grasping, tasting, chewing, sucking, reaching, handling, shacking, looking and smelling objects. A child having tasted something enjoyable might reach for an object of similar size, shape or color hoping it will produce the same enjoyable taste. During this early stage infants must be protected from dangerous products, objects, or items that present the risk of choking like toys. These injuries can be due to a variety of factors; poorly made or toxic toys, poor or careless supervision, incomplete or inaccurate toy instructions, and other causes.

If your child was injured or killed as a result of choking on a toy, you  have the right to bring a claim against the responsible party. The personal injury attorneys at The Law Offices of Gerald J Noonan have decades of experience holding those accountable for child injuries and deaths. We are here to help. Contact us today for a free consultation.

Legal Liability for Child Toy Choking Accident

Legal liability depends upon the particular circumstances of each case. For example, toy-related injuries that are arguably due to defective toys (either in design or production) are based on the concept of product liability (against the company responsible for the defect. ) People should expect that a toy that was designed, manufactured and marketed for children in a certain age group would be safe for children within that age group. In other words, the companies associated with the design and production of that toy must exercise reasonable care to ensure that the toy is safe for the children it was produced for.

In a situation like this you would need to hire an experienced product liability attorney to make the cause and effect connection between the toy’s negligent design and/or manufacture, your child’s injuries, and the resulting damages (medical bills, pain and suffering, permanent disfigurement, etc.) that occurred as a result of those injuries. In making your claim, the court will look at various factors, including how the toy was designed and manufactured, how it was used (i.e., was it used in a reasonable way, or in any unintended, unforeseeable way?), how many children have been injured by the toy in general, etc.

Similar to other choking accidents, it is also possible that someone trusted with supervising your child is responsible for the toy/choking accident. If the child choked on a toy at a daycare facility, preschool, nursery, or even at a friend’s house, depending upon the circumstances, those whose care he or she was under could be held negligent. They could be responsible if they failed to take proper steps to ensure that certain toys remained out of reach of certain age groups. They could also be responsible if they were not properly trained in emergency response and as a result could not help a child in the event of choking incident.

Baby / Child Choking Accident, Personal Injury and Wrongful Death Lawyers

Experienced Boston Area Personal Injury Attorneys Initial Consultations Are Always Free – No Fee Unless We Recover For You

If your child was injured or killed by choking on a toy, and the incident was someone else’s fault, the Law Offices of Gerald J Noonan can help. We have a proven track record in helping families who are victims of child injuries as the result of negligence, product liability, premises liability, and related issues. Our personal injury attorneys are here to help. No matter where you are located, we are just a phone call away. Call our law offices today to schedule a free no-obligation case review and consultation at (508) 588-0422 or click the link below to use our Free Case Evaluation Form.

Free Legal Consultation, Brockton Accident Attorneys

Our personal injury lawyers assist accident victims throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Easton, Norton, Randolph, Holbrock, Abington, Hingham, Fall River, Dorchester, Quincy, Stoughton, Plymouth, Raynham, Mansfield, Avon, Canton, Marshfield, Attleboro, Braintree, Rockland, Hanover, Duxbury, Whitman, Hanson, Halifax, Middleborough, New Bedford, and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk, Bristol, Massachusetts.

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