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Ingestion Hazard Lawsuits | LegalMatch Law Library

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What is an Ingestion Hazard?

Ingestion hazards refer to dangers that are associated with products that can injure someone who ingests parts or substances of that product.

This may be typical of children swallowing batteries or toxic chemicals. Ingestion hazards can also include anything that is too big to ingest that causes a choking hazard when swallowed.

What are the Most Common Ingestion Hazards?

There can be a number of ingestion hazards. Below are some of the most common:

  • Chemical hazards that are present when a worker is exposed to any chemical preparation in the workplace in any form (solid, liquid, or gas)
  • Lead or toxic materials that are present in toys for children
  • Batteries that leak battery acid
  • Eating or drinking devices (plates, cups, water bottles, etc.) that can easily break off, creating a choking hazard
  • Various food or drink products that have faulty feeding or delivery mechanisms

Injuries from ingesting any of the above can be serious and even fatal.

Can I Sue for My Injuries Caused by Ingestion Hazards?

Depends on how you ingested the hazardous material. If your injury was the result of a defective product, you can sue the manufacturer and seller of the product.

Similarly, if the manufacturer did not issue a hazard warning with the product, you can sue under a theory that the product contained inadequate warnings. Finally, if there is an issue with the product’s design that caused ingestion hazards, you can sue claiming design defect.

Who Decides Whether the Manufacturer is Guilty?

As with any civil lawsuit, the manufacturer is entitled to its “day in court” to prove its innocence. Both the plaintiff and the defendant will present their case in front of a jury of their peers.

After the case is heard in its entirety, the jury will deliberate and decide on a verdict of either “guilty” or “not guilty.” 

What Happens if the Manufacturer is Found Guilty?

If you prevail in your lawsuit against a manufacturer for ingestion injuries as a result of a defective product, you can be awarded monetary damages.

The award will generally be sufficient to cover expenses that you’ve incurred due to your injury, such as medical bills, hospital expenses, medication costs, and other losses associated with your injury.

Should I Seek Legal Advice for Help with an Ingestion Hazard Injury Claim?

Ingestion hazards can 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.

Photo of page author Erin Chan Adams

, LegalMatch Legal Writer

Last Modified: 04-18-2018 03:52 PM PDT

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