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Pediatric Poisoning Lawsuits

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What are Pediatric Poisoning Injuries?

Pediatric poisoning occurs when a child or infant ingests substances that are dangerous or cause unsafe reactions in the child. In most cases, this involves the child accessing and ingesting or inhaling poisonous or toxic substances. However, due to the small size of children, common, everyday objects can be toxic to them, especially in higher doses. An example of this is when a child ingests or inhales cooking or food ingredients such as cinnamon in large amounts.

Pediatric poisoning can lead to serious injuries and conditions, including:

  • Nausea and vomiting
  • Damage to stomach or internal organs
  • Dangerous effects on breathing or heart rate
  • Asphyxiation (inability to breathe) or choking

Common items involved in pediatric poisoning cases including:

  • Medicines (such as hydrogen peroxide)
  • Cleaning chemicals and sprays
  • Soaps and other bathing products
  • Food and cooking products
  • Pesticides
  • Various other toxic substances

Pediatric poisoning can also result from exposure to chemicals contained in some toys and baby products.

Who can be Held Liable for Pediatric Poisoning Incidents?

In many cases, a pediatric poisoning incident can be traceable to some sort of defect with the product. In these types of cases, the manufacturer or distributor of the product may be held liable for injuries cause by the product. Some issues may include:  

  • The product is overly toxic or doesn’t conform to health and safety standards
  • There are issues with the safety seal of the product (such as the lid or package is easy for children to open)
  • There are insufficient warnings on the labels, especially regarding storage or access to the product

In addition, other parties can be held liable if they negligently allow a child to be exposed to products or items that can poison them. An example of this is when a childcare facilities fails to take the proper precautions for preventing a pediatric poisoning incident.

Are There any Legal Remedies for Pediatric Poisoning Claims?

Pediatric poisoning is a serious matter and can lead to severe injuries in children. These cases typically require legal action to resolve any disputes or conflicts. Pediatric poisoning lawsuits may often result in a monetary damages award for the injured or affected party. The damages award may cover losses such as hospital expenses, medication costs, costs of surgery, and other related expenses. In cases involving wrongful death, further damages may be awarded.

In cases where a product defect is at issue, other remedies can result, such as a product recall or a class action lawsuit.

Do I Need a Lawyer for Help with a Pediatric Poisoning Lawsuit?

Pediatric poisoning lawsuits can be complex and typically require the assistance of an attorney. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a claim. Your attorney can assist you with filing a claim, and can provide guidance and research throughout the process.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 06-26-2018 07:03 PM PDT

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