Choking Hazards and Products Liability

Products liability cases are a form of tort action wherein an individual sues a company or manufacturer or reseller or distributor for damage that the person has suffered as the result of a product. When a person uses a product, the law imposes an implied warranty that the product will be reasonably safe, when used as intended. In other words, if you use a baby stroller, that product should be safe when used as directed and it shouldn't have a defect that causes the stroller to collapse and injure your baby, or when you take a drug, that drug should be safe and should do what it says and not cause you to develop tumors or heart problems or other such conditions. If a product hurts you when it is used in the way in which it was intended, you may have a products liability lawsuit on your hands.

Understanding Products Liability and Choking

In many states, a standard called "strict liability" is imposed in products liability cases. What is strict liability? Pretty much what it sounds like:

When a product hurts you when used in the normal routine course of use, those involved with the product can be sued and held liable without you having to prove negligent. Even if they were reasonably careful and didn't make any big mistakes in the production or sale of the product, they can still be held liable for your damages.
Typically, you may sue anyone involved in the distribution chain for the bad product. So, for example, you could sue the manufacturers of the parts, the manufacturers of the product as a whole, the distributor or even the reseller.

If a product is a choking hazard, and you choke or your child or other person you are responsible for chokes, then you may be able to file a product liability lawsuit. For example, assume a company makes a toy and markets that toy to three year olds. The toy seems reasonably safe, but it turns out that the arms of the doll fall off and the small pieces become a choking hazard, causing your child to put one in his mouth and choke on it. You can file a lawsuit against the person who made or sold that doll to you, and as long as you prove that your child was just using the product as intended when hurt, you can recover your damages.

Getting Help

To understand the specific product liability laws in your state or to determine whether your case falls in the definition of product liability, consult with an experienced attorney. Your attorney can provide you with details about how to pursue your case and who you should sue. He can also help you to build a case and understand the types of damages you may be entitled to under the law.

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