Brockton Child Choking Accident Lawyer
Children are very curious by nature and require good supervision to ensure that their curiosity does not lead them into trouble. These young humans tend to utilize all five senses when they set out to discover the new world around them and often times will put objects into their mouths. Their main reason for doing this is to simply taste the object as part of their exploration, however, if the object is small enough to be swallowed, it can be ingested. As small objects slip to the back of the throat they can get lodged in the trachea blocking airflow which can lead to asphyxia and death unless the child has help removing the object.
Every year some 17,000 children ages 14 and under are treated in emergency rooms across the United States for choking accidents. 80% of the 17,000 children are 4 years old or younger. Choking is the number one killer of children ages 4 and under. Choking is also the number one cause of injury to children in this age range.
Most child choking accidents involve food, coins or toys. Food causes 60 percent of all choking related accidents while 13 percent are attributed to coins. Toy choking accidents are the number one cause of all toy-related child deaths.
The most common choking hazards are:
Consequences of Choking Accidents
Choking accidents are a silent killer. When the object blocks the windpipe it not only prevents breathing it also renders a child incapable of crying out for help. That is why most choking deaths and injuries occur while caregivers or employees of child care facilities are nearby.
The amount of time without oxygen before brain damage occurs is short:
- Going without oxygen for 0-4 minutes = Child Brain Damage is Unlikely
- Going without oxygen for 4-6 minutes = Child Brain Damage is Possible
- Going without oxygen for 6-10 minutes = Child Brain Damage is Likely
- Going without oxygen for over 10 minutes = Brain Death is Probable
Caregivers and Babysitters Can be Held Responsible for Child Choking Accidents
Choking injuries can happen when children are under the care and supervision of child caregivers or even neighbor. Day care facilities, child care centers and nurseries have been found responsible in the past for child choking injuries and fatalities. These businesses can be held accountable under a theory called negligent supervision. When a child caregiver assumes responsibility for a child’s well-being they must exercise reasonable care when monitoring and caring for the child. Under the right supervision almost every type of choking accident is avoidable.
Sometimes we have neighbors and friends babysit our children. In this situation the babysitter also has a duty to exercise reasonable care. This duty is not created based on a contract like when a parent hires a child care center to watch her child, instead, all that is needed is an agreement between you and your neighbor that they will babysit. Once the agreement is made they have a duty to act in a reasonable and prudent manner. Someone would not be acting in a reasonable and prudent manner if they exposed a child to potential choking hazards.
If a choking injury occurred at a neighbor or relative’s home then our lawyers would be able to bring your accident claim against their homeowners insurance. Going after someone’s homeowners insurance policy is not the same thing as going after them personally as their insurance company would pay on the claim.
Boston Area Experienced Wrongful Death and Child Choking Accident Injury Attorneys
Initial Consultations Are Always Free
If your child suffered an injury or fatality in a choking accident then you need an experienced lawyer who can build a strong case against negligent caregivers and stand up to insurance companies who will fight your claim. Our child injury lawyers have a proven track record with over 35 years of legal experience and have successfully represented countless families over the years.
We understand that no amount of compensation can reduce the pain of losing a child to any accident, or undo long-term damage or injuries your child may have suffered, but we can help you hold those responsible accountable for their actions. The law entitles you to seek compensation to help you recover any financial losses due to medical bills and lost income, or funeral expenses, as well as entitles you to seek compensation for any future expenses. Insurance companies either want to outright deny your claim or pay as little as possible — they are not your legal advocates and are not qualified nor permitted to give you legal advice.
We know that talking about your case can be emotionally difficult and we treat all our clients with respect and compassion — there is no pressure and you pay nothing unless we recover for you. No matter where you are located, we are just a phone call away. Call our law offices today to schedule a free no-obligation case review and consultation at (508) 588-0422 or click the link below to use our Free Case Evaluation Form.
Our lawyers assist accident victims throughout all of Southeast Massachusetts including, but not limited to, those in the following counties, cities and towns: Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; and the Greater Boston area including Cambridge, Dorchester, Roxbury and Somerville.
