Choking Hazards Product Liability Jun24


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Choking Hazards Product Liability

Product Liability

A product can be defective due to a design flaw, manufacturing defect, or if it missing adequate instruction or warnings. When it comes to choking hazards, it is extremely important that any product that contains small detachable parts, or parts that may break off easily, includes proper warning labels-especially if the product is intended to be used by children.

Not every product is required to carry warning labels, even if it contains parts that may pose a choking hazard. For instance, if a product is marketed strictly to adults, and it is obvious that the product is composed of small, detachable parts, a choking hazard warning label may not be required. At Shea Law Group, our team of expert Chicago personal injury lawyers can help you understand your rights and responsibilities in these types of situations.

Nevertheless, it is the responsibility of the manufacturer, and in some cases, the distributer and seller of a product, to ensure the intended consumer is provided with adequate warnings when a product is dangerous in a non-obvious way. For product liability to exist, the manufacturer must know that the danger exists, and the danger must be present when the product is used as intended or used in another foreseeable and reasonable way.

Choking Hazard Warnings

For many products, a non-obvious risk is exactly that, something that may not be obvious to an average, reasonable person (i.e. weight limitations for a ladder). However, when it comes to choking hazards, many things that are obviously choking hazards to adults may end up in the mouth of a curious child. For this reason, there are specific, highly detailed regulations for toys and other products that are intended to be used by children under the age of three. More general warnings are required for products marketed to older consumers.

The United States Consumer Products Safety Commission, through the Federal Hazardous Substances Act and the Consumer Product Safety Improvement Act of 2008, determines (on a nationwide level) what groups of products require choking hazard warnings.

External Choking Hazards

While most choking injuries involve ingesting a product, there are other horrific instances involving both children and adults choking due to defective articles of clothing or household items, such as the drawstrings on mini-blinds. A legitimate product liability case may exist when someone is injured by either internal or external choking.

Legal Action

As a general rule for any product liability case, if you are using a product in a manner in which it was designed and intended to be used, and you or your child sustains a choking injury, you may want to explore your legal options. Additionally, if your child chokes on a product that has not been appropriately labeled, you may have a right to recover damages for any injuries your child sustained.

If you or someone you love has suffered a choking hazard injury, give us a call at (877)-365-0040 to discuss your options. You have nothing to lose, as we never charge a dime unless we win a settlement for you.

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