Food Choking

Choking on food is the fourth leading cause of unintentional death in children under the age of five (5) with over 10,000 children taken to the emergency room for food choking incidents yearly. Sadly, at least one child dies every five days because of choking on food items. While many of these incidents occur at home, many times children choke on food while under the supervision of someone who has acted negligently in their care of your child.

If your child has been injured in a food choking accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

Foods That Pose the Greatest Risk for Choking

The Consumer Product Safety Commission (CPSC) regulates toys and non-food products to prevent choking accidents, yet according to the American Association of Pediatrics (AAP), the federal government has not taken enough steps to ensure that food products are labeled as potential choking hazards for young children. Some food manufacturers have voluntarily included such warnings on their product packaging, however if it became a requirement, more children’s lives would likely be saved. 

Certain food items present a greater risk for choking, especially for children who have not yet learned to properly chew and swallow. Foods that are slippery, hard, crunchy, or rubbery are especially difficult to chew and should not be given to children under the age of four (4). These foods include: 

• Hot dogs, sausages, and other meats
• Peanuts, nuts, and seeds
• Peanut butter
• Popcorn
• Hard candy and gum
• Gel candies
• Apples or fruit chunks
• Raisins
• Carrots and other raw vegetables
• Cheese chunks
• Marshmallows 

To prevent your child from choking on any food, it is important that parents and caregivers take certain precautions during mealtimes, which include:

• Make sure your child does not talk, laugh, or run around while eating;
• Always provide supervision when your child is eating;
• Cut your child’s food into small pieces that could be easily swallowed;
• Instruct your child on how to chew completely before swallowing;
• Learn cardio-pulmonary resuscitation (CPR).

Negligence in Food Choking Incidents

While children can choke on food anywhere, oftentimes food choking incidents occur when your child is under the care of someone else, such as a daycare facility, preschool, nanny, or babysitter. Any person, business, or facility charged with providing care to your child owes that child a duty of care to be kept reasonably safe while under their supervision.

A negligence claim could be brought against any caregiver for a food choking incident for the following reasons, depending on the specific circumstances of the accident:

• Negligent training-Childcare centers that fail to provide proper training to its employees could be found liable if a child chokes as a result of improper training.
• Negligent supervision-A childcare provider that allows a child to eat without supervision or does not cut food into small pieces could be held liable for a child choking.
• Inadequate staffing-Childcare centers can be found negligent if the staff to child ratio is such that children are not properly supervised while eating.
• Negligent hiring-If a childcare center hired caretakers that are not qualified to safely and properly supervise children, they could be held liable for a child choking incident. 

Sometimes, food choking accidents occur at the home of a friend or family member. If these adults were responsible for your child when the accident occurred, you may be able to file a claim against their homeowner’s insurance policy, as well. 

If your child was seriously or fatally injured by choking on food due to the negligent actions, or inactions, of someone that you trusted with their care, you may have a legal claim for damages. An experienced personal injury lawyer can review your case and determine what compensation your child may be entitled to.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services. 

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.