Product Liability and Choking Hazards

When we purchase products for our children, we expect that they will be safely manufactured and contain sufficient labels and instructions warning of any hazards. We expect that these products have undergone safety testing and don’t contain any defects. However, too often the products we buy can be extremely risky for children. Choking hazards are one of the most common reasons for a product recall. Detachable or component parts of a product can easily become a choking hazard and pose severe risk to a child. If the choking hazard is the result of a defectively designed or manufactured product or a product that contains inadequate warnings or instructions, then the manufacturer or retailer of the product may be held responsible for any injury.

Choking Injuries

Children are at a greater risk than adults for choking due to the small size of their windpipes. In addition, children are more likely to be unaware of the risks posed by putting objects in their mouth. Choking can result in death and serious injuries. Laceration of the airway can occur. In addition, the child could be deprived of oxygen for a period of time which can result in brain damage that can have devastating, long-term consequences.

Types of Choking Hazards

There are three main reasons why a product may pose a choking hazard. The product can contain small separate pieces that are small enough for a child to put in their mouth. In addition, the product could have parts that are easily removable and can be placed in a child’s mouth. In some cases, the whole toy is small enough for a child to put in their mouth.

A product that has been defectively designed may contain removable parts or smaller pieces that can be choking hazards. A defectively manufactured product may have parts that are not intended to be removable, but that can break off easily and pose a hazard. In addition, a product could be small enough for a child to choke on but does not contain an adequate warning advising consumers that the product poses a choking risk.

Thousands of children’s products are recalled every year for posing a choking hazard. Some common products that can contain choking hazards include:

  • Clothing
  • Toys
  • Eating equipment
  • Car seats
  • Strollers
  • Cribs and bassinets
  • Decorative items

If you are concerned about the products in your home, you can check the Consumer Product Safety Commission’s (CPSC) recall database.

Contact an Experienced Product Liability Attorney

If your child has been injured by a defective product, you should have an experienced product liability attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping New Yorkers injured by defective products. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.