Toy Choking
Toys are not just something fun for children to play with, but they can also serve as learning tools as well. Sometimes, though, the very toys that are meant to occupy and educate can be dangerous for young children, especially if the toys are defective, poorly designed, or the child’s caregiver acts in a negligent manner.
Children are especially prone to choking due to their curiosity and putting things in their mouths, as well as their smaller airway that can easily be blocked, even by small objects. Choking can be a very traumatic experience with severe consequences that can sometimes be deadly.
Types of Toys That Are Choking Hazards
Any item that a child can swallow, if it blocks their breathing, can be a choking hazard. Typically, toys that are 1.75 inches or smaller pose the biggest risk to small children and can include items such as:
- Balloons
- Board games with small pieces
- Small balls
- Toys with detachable parts
- Beads
- Crayons
- Marbles
- Caps from pens or markers
- Barrettes
- Small building blocks
- Batteries
Toy manufacturers are required by law to warn consumers of any hazards their toys pose to children, with toys meant for children under the age of three (3) receiving the most stringent regulations. The Consumer Product Safety Commission (CPSC) monitors small parts on toys and determines what products are safe for children under the age of three (3) according to 16 C.F.R. 1501.2, the Code of Federal Regulations.
This means that most toys that come with small parts are given the appropriate warning labels. Unfortunately, even though the CPSC does their best with preventing dangerous toys from reaching the market, sometimes safety labels are forgotten, or the toy has an unknown hazard that can cause a small child to choke.
How To Prevent Toy Choking Accidents
To prevent your child from suffering a serious toy choking accident, experts recommend that you or a child’s caregiver do the following:
- Only provide toys that are appropriate for their age-children under the age that a manufacturer recommends for a particular toy should never be given that specific toy.
- Keep small toys and toys with small parts away from children under the age of three (3).
- Check all toys for loose or detachable parts.
- Do not purchase any toys with sharp edges that can make a choking injury worse.
- Do not purchase toys with cords that are long enough to pose a strangulation or choking hazard.
Legal Claims for Toy Choking Injuries
Anyone that provides supervision to your child should be made aware of the preventative measures involving toy safety. If a teacher, nanny, daycare worker, babysitter, friend, or family member provides toys that are unsafe or inappropriate for the age of you child, and your child suffers a toy choking accident, they could be found legally liable for negligence by breaching the duty of care they owed to your child to keep them safe.
If your child used a toy in the proper manner and the toy was appropriate for their age range, yet they were still injured, the product manufacturer may be held liable for the injuries and damages your child sustained.
If a toy was unreasonably dangerous when used as it was intended could be considered a defective product. The toy manufacturer and anyone involved in the distribution of the toy may be found liable for the injuries that the toy caused under the theory of strict liability. Strict liability claims do not require showing negligence by the manufacturer, but instead it must be shown that a product was designed defectively, there was an injury due to this defective design, and there were damages sustained due to this injury.
If your child has been injured in an 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.
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