Choking is the Leading Cause of Both injury and Death Among Children Under the Age of Four
Anyone who has kids knows that they go through a stage where they like to put anything and everything into their mouths. Children learn and develop through sensorimotor play as they discover and play with objects. They engage all five senses by grasping, tasting, chewing, sucking, reaching, handling, shacking, looking and smelling objects. A child having tasted something enjoyable might reach for an object of similar size, shape or color hoping it will produce the same enjoyable taste. During this early stage children must be protected from dangerous products, objects, or items that present the risk of choking like coins.
According to The Science Daily, choking is the leading cause of both injury and death among children under the age of four. Most choking incidents involve coins, food, and toys. Coins and candy choking accidents are responsible for 37% of hospital emergency room visits for children 1-4 years old. Because of this, anyone who takes care of children has a rather obvious obligation to ensure that coins aren’t left in places where young children can reach them.
Legal Liability for Child Coin Choking Accident
When children are under the care and supervision of a daycare facility, preschool or nursery those staffers owe a particular duty of care to ensure that your child stays safe and does not choke on items like coins. These responsibilities stem not only from avoiding certain actions–such as leaving coins within reach of children–but also being trained to respond to a child choking incident. All child care staff should be trained in CPR. Facilities should have an employee manual that informs all employees as to what steps should be taken in the event of a choking incident.
However, even children who are not under the direct supervision of child care professionals (in a daycare facility or preschool nursery) can swallow coins as a result of negligence. If your child swallows a coin while visiting a neighbor of relative, you might be able to pursue a claim against their homeowners insurance, depending upon the circumstances. This is because homeowners have a certain duty to maintain their premises safe for anyone who is a guest at their home, and they can be held liable if they fail to do so (aka “premises liability”). Going after a friend or relative’s homeowners insurance is not the same thing as going after them personally. People carry insurance for situations like this.
Personal Injury and Wrongful Death Lawyers Who Care
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Swallowing coins can result in a multitude of medical issues for children. The coin may get lodged in the child’s trachea, making it difficult for them to breathe, or even their esophagus, causing them to choke. If your child has suffered from an injury or fatality as a result of someone’s negligence, we can help.
You may be able to seek compensation to cover medical bills and any pain and suffering you and your family has endured as a result of the negligence. Contact our child coin choking accident and personal injury attorneys The Law Offices of Gerald J. Noonan today to receive a free consultation. We’ve helped countless families obtain justice as a result of incidents like this, and we can help you as well.
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.
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