Can Someone File a Lawsuit for Choking?

by Pacific Legal GroupOctober 24, 2021November 24th, 2021Uncategorized

Can Someone File a Lawsuit for Choking?


Choking Lawyer

An experienced choking lawyer, like the lawyers at Davis & Brusca, LLC, may be able to bring about a case against the entity or person who caused another person to choke. Not all choking cases are eligible for compensation or even a chance at a lawsuit, but many still are. That is why it is recommended to speak with legal counsel about a possible case. Choking is thought to kill upwards of 5,000 people per year in the United States and is something that people should always be mindful about. Eating food that is not cut up small enough or eating food too quickly are a few of the common ways that people choke. There are many other reasons too.

Product Defects & Labeling

Product defects are another common cause of people choking. Items like dentures may not be fitted properly or manufactured properly. When this occurs it could cause them not to sit correctly in someone’s mouth. Furthermore, due to the product being defective and not doing what it was intended to do, this could lead to an especially unfortunate episode of choking. Labeling is something else that manufacturers are supposed to do for their products. This is especially prevalent in toys as children play with them. Young children generally don’t have the understanding yet not to put toys in their mouths. When they put toys in their mouths, there is a chance that they could choke. Also, if a parent or guardian buys a toy for their young child without a hazard label on it, they may believe that the product is fully safe for their child when in reality it isn’t. 

Choking at a Nursing Home

Nursing home staff are supposed to do their due diligence in providing the utmost service and care for the residents of the nursing home. If they fail in this endeavor, then it could lead to detrimental outcomes. Something as simple as not cutting food small enough for a nursing home resident could lead to a choking incident or even death from choking. When this type of thing happens it’s important to gather all the facts and evidence. Those who are supposed to offer great care should be held to high standards. After all, they are caring for other human beings. 

Can a Lawsuit be Filed?

A lawsuit can indeed be filed. The greater the evidence that exists that a choking incident was the result of a product defect or nursing home error the greater the chance that the case will be a strong one. Consider seeking out legal counsel in the form of a choking lawyer if you or your loved one have been involved in this type of avoidable accident. 

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