Choking Hazard Dangers for ChildrenThe task of protecting children from faulty products starts with the Consumer Product Safety Commission, which was established in 1972. The organization oversees issues such as uniform products standards, demanding recalls on things that pose a danger to consumers, halting unreasonably dangerous products and conducting consumer safety research. The agency routinely recalls defective toys and child products because they are deemed a choking hazard.
Other products are also singled out as choking hazard dangers by the commission. Things that children have common access to such as swing sets, blinds, vacuum cords among others may require or should have a choking hazard warning that indicates a potential child danger. Items with removable parts that fit in a child’s mouth also present a significant choking risk. Poorly designed or constructed goods may create an unreasonable risk that makes the manufacturer ultimately responsible.
California Choking Hazard LiabilityIt’s important for people who have fallen victim to a choking hazard to recognize that the responsibility may not solely rest with the manufacturer. A product may be deemed defective under California law if its design is faulty or the product’s distributor failed to include a choking hazard warning. By proving that a defect exists in a civil lawsuit, the manufacturer and others that participated in the distribution chain can be held liable for their carelessness.
This type of product liability lawsuit can include toymakers, children’s products and even items outside the immediate realm of child-rearing. If a manufacturer has a reasonable understanding that the product could find its way into the hands of a child or that parts could break off easily and become a choking hazard, the company and affiliates may be held liable. A good example of such as non-child product is batteries. These small and toxic products can be easily swallowed by children. Many toys have miniature power cells, and if they can be removed by a child or come loose, that may constitute a defect. Other battery issues involve secure packaging and lack of warning labels.
Child choking liability may also extend to incidents that occur while your child is under the care and supervision of others. Accredited daycare facilities and other businesses that take on the duty to care for your child can also be held liable if a choking injury occurs. Because children will always be inquisitive and prone to put things in their mouths, companies have an obligation to keep them out of harm’s way.