Product Liability Laws

Product liability laws in the United States have evolved through the years; not only are the manufacturers the ones who are required to warn their customers regarding possible choking hazards, in some case the sellers as well as the distributors are also expected to provide warnings of choking hazards. Most of these products should meet certain federal safety requirements, and when a child chokes on a toy or product that has not been properly labeled the parent has the right to sue in order to get compensation from the damages that the incident caused. And regardless of age, when the product has caused choking even when used as directed, then anyone has the right to file for a lawsuit.

Claims regarding choking hazards are a special category under product liability claims, usually filed by parents of children who have fallen victims to the products. Just about any parent knows and understands the dangers of potential choking hazards from toys and other toys, since we can’t really monitor the child all the time we can’t check what they put in their mouths during playtime. Although accidents do happen, incidents such as choking can be prevented, especially if there are warnings of the potential danger of the products. According to the website of the law firm of Jessica Rutzick & Associates in Wyoming, when the cause of the choking injury is due to negligence on the part of the manufacturers, seller or distributor, then there is a chance for compensation through a personal injury or product liability claim.

According to the United States’ Consumer Products Safety Commission, through the Consumer Product Safety Act of 2008 together with the Federal Hazardous Substances Acts, there are specific and detailed regulations on toys (or other products) that are meant for children under the age of three, and more general warnings for older consumers. These regulations are determined by on a national level through categories depending on the required warnings of the products’ choking hazard, and are applicable to manufacturers, retailers, and suppliers that are selling either online or the “brick and mortar” businesses.

Using a product is a way that it was intended to be used but resulted to you or your child choking on it and ends in injuries, the legal actions can be taken. Although most people are familiar with choking by ingesting a product, there are instances where articles of clothing, drawstrings, household items, and other products that had caused choking incidents. Even when the choking incident did not involved ingestion, as long as there is restriction of air and the danger of death, then a personal injury or product liability claim is possible.

If you or a loved one has been a victim of product liability, an experienced personal injury lawyer will be able to guide you through the process of getting justly compensated for your injuries. Although it’s ideal that there be no injuries, a personal injury lawyer will be able to help you get the results that you want.