Choking is the Fourth Leading Cause of Accidental Deaths in Children Under Age 5

Parents have a lot to worry about when it comes to the safety of their children, especially when it comes to food-based choking hazards. Choking is the fourth leading cause of unintentional death in children under the age of five. At least one child dies from choking on food every five days and more than 10,000 are taken to the emergency room each year due to complications related to choking on food.

This a serious problem and some organizations do not believe enough is being done to prevent child choking injuries. The Center for Science in the Public Interest believes certain foods that present a high risk of choking should come with warning labels informing the buyer of the child choking hazard. Some food manufacturers have taken it upon themselves to add warnings to the packages, boxes or containers they sell their food in. Many manufacturers have not done this though.

Child Food Choking Prevention

  • Children under the age of two do not have all their teeth. They also do not have their back molars which are used to crush and grind food into smaller pieces. As a result they may resort to swallowing pieces of food that are not small enough to clear their windpipe.
  • The size of the food is very important. Food should always be cut into small enough pieces so that it does not get stuck in a child’s throat.
  • Do not let children run or walk while eating. Children should be sitting down anytime they eat.
  • Foods with skin like sausages and hot dogs should have the skin removed and should be cut into smaller pieces lengthwise. Foods like cherries should have seeds and pips removed before serving.
  • The following foods can be very dangerous choking hazards and should not be given to children ages 4 and under: cheese cubes, nuts, popcorn, hot dogs, sausages, grapes, caramels, marshmallows, raisins, hard candy, gum

Legal Duty and Liability for Child Food Choking Injuries

Every year, children choke on food objects such as hot dogs, candy, popcorn, and other items. While sometimes these incidents happen at home, in many instances, it is while they are at daycare or under someone else’s supervision. Children also choke as a result of something being wrong with the food itself, such as having a dangerous object lodged in it.

A negligence action can be brought against a day care facility, child care center, school or any child caregiver for any of the following reasons depending of the facts of the food choking accident:

  • Failure of Management to implement proper safety procedures and precautions
  • Failure to adequately staff the facility with enough employees and a safe employee-child ratio
  • Failure to properly train employees to prevent choking accidents or to provide the correct medical care in the event of a food choking incident
  • Failure to hire employees that are qualified to provide proper child care

Any person, business or facility charged with supervising your child owes them a particular duty. This is by no means limited to daycare facilities only; preschools, nurseries, schools, etc. also owe a certain a degree of care to your child.

Food choking hazards should be known to every caregiver that is entrusted with the safety and well-being of a child. Not knowing of these dangers and not taking steps to prevent children from being exposed to such dangers would be negligent. Caregivers can be held liable for child injuries and damages that are caused by their negligence.

Sometimes an unfortunate accident like this can occur at a neighbor’s or relative’s home or backyard BBQ. In this case we could bring a claim against their homeowners insurance. Going after the homeowners insurance policy of a neighbor or a relative is not the same thing as going after the neighbor or relative personally. People have homeowners insurance for situations like this. You should not fell guilty for bring an injury claim against someone’s homeowners insurance policy.

Child Food Choking Accident, Personal Injury and Wrongful Death Lawyers

Experienced Boston Area Personal Injury Attorneys – Initial Consultations Are Always Free – No Fee Unless We Recover For You

If your child has been harmed or killed as a result of choking due to someone else’s negligence, you have a legal claim for damages against responsible party. The personal injury attorneys at The Law Offices of Gerald J. Noonan have decades of combined experience obtaining compensation on behalf of families whose children have suffered as the result of someone else’s negligence. Our knowledgeable Boston lawyers are here to provide you with a free consultation and help you get going. Contact us today.

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 personal injury lawyers assist accident victims throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Easton, Norton, Randolph, Holbrock, Abington, Hingham, Fall River, Dorchester, Quincy, Stoughton, Plymouth, Raynham, Mansfield, Avon, Canton, Marshfield, Attleboro, Braintree, Rockland, Hanover, Duxbury, Whitman, Hanson, Halifax, Middleborough, New Bedford, and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk, Bristol, Massachusetts.