Can a Lawsuit be Filed for Choking?

Can a Lawsuit be Filed for Choking?

Choking Lawsuits

Choking is an unfortunate event that happens to many people each year with an estimated death count in the United States alone to be over 3,000. Choking can happen for many different reasons. Also, when choking happens as the result of someone else’s negligence there may be a chance for compensation and a case against a manufacturer. This is good news for those who have had to go through this traumatic event. Contact a choking lawyer, like the lawyers at Davis & Brusca, LLC, if you are interested in learning more about the details of choking cases.

Product Defects & Wrongful Labeling

Product defects are one of the major causes of choking. This is especially prevalent in toys. A child doesn’t have the capacity to understand a warning label for choking hazards, and a parent may be misled if a toy manufacturer failed to label a toy with a hazard label. This type of issue can fall under product defects or hazard label defects. It’s detrimental to the child if a label has failed to be applied because a parent or guardian of the child may thoroughly believe that the manufacturer didn’t put a label on the product on purpose. That purpose most likely was that they didn’t believe that the toy or product was dangerous. When they have defects like this or fail to do their due diligence of properly labeling, then it could lead to malfunctions or an unfortunate event of choking.  

How to Spot Choking

Choking is pretty obvious in some situations. A person begins waving their hands, clutching their throat, and becoming full of panic from the incident. Other incidents are not always that obvious, especially in children. Always keep a close eye on children or the elderly as they may choke more subtly and less obviously. A child’s clear sign of choking is if their face is suddenly turning colors and they are acting strangely. As for the elderly, many of them wear dentures which is a product that has a choking risk associated with it. If you believe that someone is choking, it’s important to try and help them as best as you can. Hitting their back a few times can dislodge something that is stuck. Thrusting them in the abdomen is another way that can dislodge whatever is stuck. Choking can be a traumatic event and when it happens in a situation where it should’ve been avoided it’s crucial to get all the answers. Consider a lawsuit if the choking incident is clearly due to the fault of a product defect.