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Ingestion Hazard Lawsuits

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What are Ingestion Hazards?

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:

  • Lead or other poisonous/toxic materials used in toys
  • Magnets used in toys (small magnets can be ingested; once swallowed, they may reconnect in the stomach or intestines, leading to perforations)
  • Parts that are too small or that can break off easily
  • Unsecured battery compartments (may lead to swallowing of the batteries)
  • Various food or drink products that have faulty feeding or delivery mechanisms

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.

Who Can be Held Liable for Injuries Caused by Ingestion Hazards?

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:

  • Warning defect: There was an issue with the product’s hazard warnings (for instance, the manufacturer failed to post visible warnings on the product)
  • Design defect: There was an issue with the product’s design that caused ingestion hazards
  • Manufacturing defect: There was a defect with the way that the product was produced or put together on the assembly line

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.

Are There any Legal Remedies for Ingestion-Related Injuries?

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.

Do I Need a Lawyer for Help with an Ingestion Hazard Injury Claim?

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.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 12-23-2016 09:20 AM PST

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