Recently, the United States Consumer Product Safety Commission (CPSC) filed a voluntary recall report, recalling more than 500,000 pacifiers and teeters by Handi-Craft. The CPSC acted against the company when a report stating 67 incidents of a snap detaching from the pacifier ribbon happened, thus posing a choking hazard to infants, toddlers, and young children.
This is just one of the many times the CPSC has recalled products because they posed a choking hazard. If someone, regardless of age, sustained an injury or expired due to choking on the product, you can engage the services of a personal injury attorney on Kentucky to file a product liability lawsuit against the manufacturer.
The Three Main Types of Product Liability Lawsuits Your Personal Injury Attorney Can Help You File
· A Design Defect claims that the product's original design is either unsafe or defective to use. These can include incorrect instructions on how to manufacture the product.
· A Manufacturing Defect claims that the product's manufacturer deviated from the original design specifications, resulting in injury to buyers.
· A Failure to Warn claims that the product's manufacturer did not warn customers about the related risks with the product. This can include failing to warn customers about choking hazards, dangerous substances, or small parts that the manufacturer used to create the product.
The Most Common Product Liability Lawsuit Customers File Against the Manufacturer
Out of the three product liability lawsuits customers file against the manufacturer is the Failure to Warn. Choking hazards remains one of the most common injuries to occur to the child. For instance, small parts of toys, marbles, balloons, and small balls can cause the child to choke.
The Federal Law of the United States forbids manufacturers from using small parts in toys targeted for children under the age of three. For children between the ages of four and six, the manufacturers need to add a warning label to the toy, warning parents of the choking hazard involved if they swallow the small parts.
How Do Regulators Determine If a Toy is Manufactured for Children Under the Age of Three?
To determine if the toy is manufactured for children under the age of three, regulators use the following three factors:
· The age bracket that can play with the toy
· The advertising and marketing of the toy
· How most people identify that a particular toy is meant for children under the age of three
For instance, items such as baby carriages, strollers, teether toys, bathtubs, wading pools, sand toys, cribs, pull and push toys, and sand toys are commonly recognized as accessories for children under the age of three. To determine if a toy is a choking hazard, the regulators perform a Choke Test Cylinder or Small Parts Cylinder test.
Learn More About the Choke Test Cylinder Test
Regulators perform the Choke Test Cylinder Test by using a choke test cylinder with an interior diameter of 1.25 inches and a slanted base with a depth of 1 to 2.25 inches. The regulators have designed the cylinder to match a completely expanded throat of children under the age of three.
During the testing phase, if a part of the toy comes loose and fits inside the test tube, the regulators will determine the toy as a choking hazard and will ban the manufacturer from marketing the toy to children under the age of three.
Do You Require the Assistance of a Personal Injury Attorney to File a Choking Hazard Lawsuit?
If the product causes your child to choke, but did not come with a warning label, you can hire a personal injury attorney to lodge a case against the manufacturers. Your personal injury attorney will collect the following evidence to present to the court:
· The manufacturer knew about the danger of using their product
· The manufacturer had the responsibility to warn customers about the danger of using their product
· The manufacturer breached their responsibility and forgot to warn customers about the choking hazard associated with using the product
· The customer suffered an injury due to the manufacturer failing to issue the Failure to Warn
With the Help of Your Personal Injury Attorney in Kentucky, You Can File a Choking Hazard Claim
If the child or an adult uses the product as they are supposed to use it, but still manages to choke on it, you can file a choking hazard claim against the manufacturer. You can consult with your personal injury attorney about filing a Failure to Warn lawsuit. In some instances, you can file a Strict Product Liability lawsuit against the manufacturer.
Strict Product Liability states that the manufacturer, distributor, or seller of a defective product is liable to the customer, customer's child or property, who suffered an injury because of the product even if they did everything possible to prevent it.
The injured party will have to consult a qualified personal injury attorney with experience in handling product liability cases involving choking hazards due to a defective product.
You Should Consult with a Personal Injury Attorney Immediately
If you or your child choked on a small part of a product you bought and it resulted in mental anguish, distress, medical expenses, and worse, death, you need to visit a personal injury attorney as soon as possible to discuss the legalities of the case.
Christopher Jackson Law is home to an experienced and seasoned personal injury attorney who can help you collect evidence and build the case against the manufacturer due to you or your loved one choking on the product. You can contact us at 859-261-1111 to schedule a free consultation with a qualified personal injury attorney.