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Choking Hazards in Children’s Toys: File a Lawsuit for Damages

A choking hazard claim is a specific subcategory of a products liability claim, which is usually filed by the guardians or parents of an injured child on behalf of the injured child. If the child dies as a result, a wrongful death case may be in order.

Parents who have ever bought a board game, building blocks, or other toy for their child has probably come across a warning label that states that the product can be a potential choking hazard for the minor. These posted warnings can in fact be very real, and many parents will recognize that a child can be prone to placing foreign objects in their mouth. But it is not always such a toy, or a toy with a warning, that causes these devastating injuries.

Evolution of Products Liability Actions

Laws concerning products liability in the U.S. have evolved to a place where the manufacturers of children’s toys or other children’s products are required to provide a warning for potential choking hazards linked to the products that meet federal requirements. Sellers and distributors of children’s toys must also abide by this standard.

If a child has suffered a choking incident on a product, a parent should immediately consult an attorney to decide whether to file a products liability claim to recover compensation for the injuries the child has suffered. Even if the product was used as it was intended, there may also be an opportunity to recover damages.

Successful products liability claims in California can involve several elements; and, it is important to consult the legal advice of a professional attorney who can help file a claim.

Products that Require a Warning for the Potential of Choking Hazards

The U.S. Consumer Products Safety Commission determines the category of a product that requires a choking hazard warning. This is done under the following:

● The Consumer Product Safety Improvement Act of 2008
● Federal Hazardous Substances Act

There are specific regulations for products intended for minors under the age of three. There are more general warnings that are required for products intended for the use by older consumers. These regulations are required for product manufacturers, suppliers, and retailers as well.
Under California’s products liability laws, the failure to provide a warning label or insufficient instructions with a product can result in a company to be held responsible for injuries following a choking incident or other injury. Rules and regulations can vary from industry to industry; and because of this, it is important to seek the legal expertise of a skilled attorney who is well-versed in the field of products liability claims.

File a Products Liability Claim Following a Choking Injury

It is easy to say that there is rarely a child who is not enthusiastic about a brand new toy. Although various government agencies are charged with the responsibility to help sustain the safety of toys in U.S markets, there are toys that pass through the system unnoticed. When a child has suffered an injury as a result of a choking hazard, the parents of the minor should consider a claim to compensate for the injuries suffered.

The attorneys at Heiting & Irwin are experienced in the field of products liability cases in California. They are dedicated to defending the rights of injured children who have suffered an injury as a result of a defective product.
Products liability lawsuits in California are subject to a statute of limitations. A parent seeking to file a lawsuit will need to act swiftly and contact the support of a proficient attorney as soon as possible.

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Mr. Serrano has been admitted to practice before California State and Federal Courts. He was named to the Super Lawyers’ 2012, 2013, 2014, 2015, and 2016 Southern California Rising Stars List, an honor awarded to no more than 2.5% of attorneys in Southern California each year. View Attorney Jean-Simon Serrano's Attorney Bio Here.

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