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My Baby Choked on a Toy, Can I Pursue Legal Action?

 Posted on January 15, 2023 in Personal Injury

El Paso product liability lawyerIt is most parents' worst nightmare: what started as their baby innocently putting something into their mouth ends in a terrifying choking incident. Most people know that babies putting toys in their mouth is a common and important form of early childhood development. However, things can become scary and even deadly when a baby begins choking on a toy. Parents are responsible for ensuring that toys carrying a well-known risk to babies, like marbles or building blocks, must be kept safe from their children. But what about toys that are supposed to be safe for babies and infants?

When a toy that is supposed to be safe for babies and infants malfunctions—perhaps breaking into small piece—or if the packaging fails to warn the parents of the possible danger, resulting in your child being injured or even killed by a toy or defective piece of a toy, you may be able to take legal action. Consider contacting an experienced attorney who has worked in cases that deal with babies or infants sustaining injuries or death by choking on a toy that was supposed to be safe for their age. 

Even Non-Fatal Choking Accidents Can Result in Severe Injuries

Understand that a baby or infant does not need to die for a choking incident to be considered highly serious. It is still possible that they may sustain serious, even life-threatening injuries due to their choking incident. For example, dangerous circumstances include the following:

  • Inhaled small objects that require surgery to remove
  • Objects trapped in a child's stomach and cause a blockage
  • Lacerations of the mouth, throat, or lungs may lead to additional choking due to bleeding
  • Chemical poisoning
  • Suffocation caused by a blocked airway 

Who Is Responsible for Making Sure Parents Know Whether a Toy Is Dangerous? 

Small, child-friendly toys may appear safe when they are not. Therefore, the manufacturers of these toys must provide labeling that clearly states what ages can safely play with the toy and what ages may be at risk from choking on the toy. Furthermore, distributors of toys must ensure that this type of information is stated on the toy's packaging. 

Contact an El Paso, TX, Defective Products Attorney

Watching a young child choke on a toy is a horrifying sight that should never happen. But unfortunately, it does happen. If such an event has impacted you, contact the compassionate and knowledgeable Sierra Blanca defective products lawyer at James Kennedy, P.L.L.C.. Call 915-544-5200 to schedule a free consultation. 






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