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.
Are Choking Hazard Lawsuits the Result of a Failure to Warn?
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.
What Must I Prove in Order to Be Successful in a Failure to Warn Lawsuit?
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:
- The defendant knew about the product’s danger
- The defendant had a duty to warn the plaintiff about the danger
- The defendant was breached their duty to warn of the choking danger
- The plaintiff was injured because of the failure to warn
When Can I File a Choking Hazard Claim?
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.
What Is Strict Product 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:
- The product was sold in an unreasonable, dangerous condition
- The manufacturer, distributor, or seller intended and expected the product to be used as it was made without any changes to it
- The plaintiff, plaintiff’s child, or property was injured because of the choking hazard
Do I Need to Talk to an Attorney about Choking Hazard Lawsuits?
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.