When your child is choking on a toy part, you need to take immediate action. It can be easy to panic in these situations, but you will want to take a few steps to dislodge the object and protect the child’s airway.
After your child is safe and well, you may want to look at the product that caused all the problems. If a toy caused your child to choke, the product may have failed to meet safety standards or lacked the proper warnings. In turn, that could make manufacturers liable for the injury.
Find out what you should do if your child swallows a toy part and how it could be related to a product liability claim.
Recognize the Signs of Choking
While the signs of choking are usually apparent, sometimes they are not. Your child might be choking if they are experiencing:
- Difficulty breathing
- An inability to speak, cry, or make any sound
- Wheezing or other abnormal sounds while trying to breathe
- Bluish skin tone, especially around the lips and fingertips
- Clutching at the throat or displaying panic
In any case, you will need to call 911 immediately. This is a serious situation. Plenty of children have choked on all sorts of small items, including toys.
As you wait for emergency personnel, you might want to try to dislodge the item. Putting your fingers down the child’s throat is not recommended as it further pushes the obstruction. Instead, if the child is under one year old, you can perform back blows and chest thrusts. You need to place the infant face down on your forearm and use the heel of your hand to give five firm back blows between their shoulder blades.
If that does not help, then you will need to turn the infant onto their back. Place two fingers in the center of the chest and perform five chest thrusts.
For older children, the Heimlich maneuver is recommended. With that, you will need to stand behind the child. You need to wrap your arms around their waist. Once you are in position, you must perform quick, upward thrusts to dislodge the object.
Even if you are able to dislodge the item, you will want to have the child examined by a healthcare provider. There could be unseen injuries, such as throat irritation or internal bruising. Many times, these symptoms may not be immediately visible.
After this, what else should you do?
Product Liability in Choking Incidents Involving Toys
According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 209,500 toy-related injuries were treated in the hospital in 2022. While toys can be sources of enjoyment, some of these times are dangerous.
Once your child is safe, your attention will need to turn to the toy. If the toy fails to meet established safety standards, the manufacturer might be subject to product liability claims.
The CPSC sets guidelines and enforces regulations to reduce hazards posed by consumer products, including toys. For example, all toys sold for children under three must pass several tests to ensure they don’t present choking hazards. If an item fails to meet CPSC standards or a manufacturer does not have age recommendations, they may be liable for any resulting injuries.
These claims often fall into three main categories: design defects, manufacturing defects, and failure to warn.
- Design defects: If a toy’s design is inherently dangerous, even when used as intended, this could be grounds for a claim. For example, if a toy’s small parts are prone to detaching, leading to a potential choking hazard, this could be considered a design defect.
- Manufacturing defects: Sometimes, issues happen during the manufacturing process. In turn, that can result in products that deviate from safe design specifications. Some manufacturing defects include poorly attached parts that could easily break off and cause choking.
- Failure to warn: When a toy’s packaging lacks warnings about small parts or provides an inappropriate age recommendation, the manufacturer might be liable. These warning labels are required, especially for products marketed to young children.
Consider a Product Liability Claim
If you believe the toy that caused your child’s choking incident was unsafe, you might want to pursue a product liability claim. Here are the steps to take:
- Preserve evidence: You will want to keep the toy. Along with that, save any packaging, labels, or instructions that came with it. This documentation will be important evidence in a product liability case.
- Keep medical records: Along with that, you will want to obtain any medical records related to the treatment. With these records, you strengthen your case by showing the direct harm caused by the product.
- Contact a product liability lawyer: They can help determine whether the toy manufacturer, distributor, or retailer could be held liable under applicable laws.
With a lawsuit, you may be able to recover compensation for the damages related to the choking incident.
When a child chokes on a toy, you need to take immediate action to save their life. Sometimes, the toys that cause choking can be the result of a manufacturer’s negligence or a lack of appropriate safety warnings.
If this is the case in your situation, you may want to consult a product liability lawyer at Thomas Law Offices to hold these negligent parties accountable for their role in this traumatic event.
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