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My Child Choked on a Toy and Died. Can I Sue the Manufacturer? 

 Posted on March 31, 2022 in Personal Injury

b2ap3_thumbnail_shutterstock_1064488499.jpgWhen parents of young children purchase toys for their child to play with, they put their trust in the toy manufacturer to provide safe, age-appropriate materials for their child’s use. Tragically, many children choke to death on small pieces of toys that have either broken off, are not properly secured, or did not come with adequate choking hazard warnings. Watching your child choke can be a horrible experience, and even when choking is not lethal, it can cause serious personal injuries. If your child has choked on a toy or other defective product, you may wonder if you can hold the toymaker liable.

Common Choking Injuries 

Every year, over 200,000 children are estimated to be treated at emergency rooms for injuries related to toys, and many of these cases are related to choking and suffocation. Children under age three are at a particularly high risk for choking on toys because they tend to put things in their mouths constantly. Very young children also have smaller mouths and airways, allowing objects to get stuck more easily. Common choking injuries from children’s toys include: 

  • Laceration of the mouth, airways, vocal cords, etc.

  • Objects stuck at the bottom of the respiratory tract

  • Surgery to remove objects inhaled into the airways 

  • Chemical ingestion, such as when paint flakes off of a toy

  • Lung puncture

  • Intestinal blockage from swallowed objects 

  • Strangulation

  • Death 

Toy manufacturers are responsible for providing adequate warning signs describing choking risks. They must also ensure toys are marketed to the appropriate age group, including labels stating which ages can safely use a toy.

Some toys and other objects for use by children present the risk of cutting off a child’s airway through strangulation. Strings, cords, pulleys, and gaps between parts of toys can all present serious strangulation hazards. When a child’s neck gets trapped between the bars of gates, rails, or toys, the consequences can be devastating, and many such products have been recalled because of real or potential injuries.

Call an Elmhurst Infant Choking Death Lawyer

The loss of a child is devastating, especially when it could have been prevented. At Schwartz Injury Law, we understand how important it is to pursue options for justice after such a tragedy. You can call us at 708-888-2160 to learn more and schedule a free case review with one of our Elmhurst infant choking injury lawyers. Contact us now and find out how we can help.


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