Ingestion hazards refer to dangers associated with products that pose a risk of injury due to swallowing parts or substances of that product. These typically involve cases where there is a risk of a child or infant swallowing an item or choking on a part of the product. An example of this is where a part of a toy is prone to breaking off, allowing a child to swallow the part, resulting in injury or choking. Other common ingestion hazards involve:
Ingestion injuries can be serious; in many cases they can result in major damage to the child, and in some cases my result in death (especially in cases involving choking). Ingestion injuries can also affect other consumers, not just children.
Injuries caused by ingestion hazards are typically the result of some sort of product defect issue. In such cases, the manufacturer or producer of such products can be held liable for the resulting injuries. In these types of lawsuits, legal liability may be based on various product liability theories, including:
Other parties can also be held liable for injuries caused by ingestion hazards. For instance, a caretaker of a child can be held liable for negligence if they allowed a child to play with a product that they knew or should have known would present a risk of ingestion.
Ingestion injuries can be complex and may often require legal action to resolve any disputes or issues. Such lawsuits can result in a monetary damages award for the injured party. The award will generally be sufficient to cover expenses such as medical bills, hospital expenses, medication costs, and other losses. Also in many instances, a recall of the product may be ordered, and the product may be pulled from distribution channels.
Ingestion hazards can sometimes be serious or even fatal. You may need to hire a personal injury lawyer in your area if you need any assistance with a lawsuit. Your attorney can provide you with legal advice and representation during the process.
Last Modified: 12-23-2016 09:20 AM PSTLaw Library Disclaimer
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