Choking hazard lawsuits are a subset of product liability claims. These lawsuits are frequently filed by parents on behalf of their children who were harmed by choking on a product, such as a toy or food item intended for small children. These claims can also be filed by an adult who has suffered a choking injury because of a defective product.
Yes. Under product liability law, manufacturers of a product are required to warn consumers of any potential choking hazard. According to the principle of failure to warn, all products must be reasonably safe for consumers to use as intended.
A manufacturer, retailer, or distributor can be held liable for failing to provide adequate product warnings. For a successful choking hazard claim, the plaintiff must show:
Typically, if a child uses a product in the way it was intended to be used and chokes on it, their parents can sue. The same situation applies if an adult is the one who chokes on a product. Some jurisdictions will allow plaintiffs to sue under strict products liability.
Strict product liability means the manufacturer, seller, or distributor is liable for a defect product regardless of plaintiff’s fault. In a strict products liability claim, a plaintiff still has to prove that:
Choking on a product that you think is safe is a scary situation that can lead to serious injuries, such as brain damage and an injured throat. To understand more about choking hazard lawsuits, talk to a personal injury attorney.
Last Modified: 05-03-2018 10:37 PM PDTLaw Library Disclaimer
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