Consumers trust that the products they bring into their homes are safe for their families every day. Unfortunately, some products—especially those marketed for children—can pose serious risks like choking hazards or exposure to toxic materials. When these dangers cause injury or illness, victims and their families often wonder what legal recourse they have.
Understanding the risks and your rights under product liability laws can help you take the right steps to protect your loved ones and hold negligent companies accountable.
Common Risks: Choking Hazards and Toxic Materials
Choking hazards are among the most serious dangers in household products, particularly toys, small parts, or even food items. Items small enough to block a child’s airway can cause life-threatening situations in seconds. Because young children often explore the world by putting objects in their mouths, manufacturers have a heightened duty to ensure their products do not present this risk.
Toxic materials are another significant concern. Products containing harmful chemicals—such as lead paint, phthalates, or other banned substances—can lead to serious health problems. Toxic exposure can cause long-term issues like developmental delays, organ damage, or other chronic illnesses.
Federal agencies, including the Consumer Product Safety Commission (CPSC), regulate both choking hazards and toxic materials. However, despite regulations, unsafe products sometimes reach the market or remain on shelves due to manufacturing oversights, inadequate warnings, or design flaws.
Who Can Be Held Responsible?
When a product causes harm because of choking hazards or toxic substances, several parties may be liable:
- Manufacturers: They must design safe products and conduct thorough testing.
- Distributors and Retailers: These parties share responsibility for ensuring unsafe products do not reach consumers.
- Importers: Products brought in from overseas manufacturers may have unique risks due to varying safety standards.
- Advertisers: Misleading labels or failure to provide clear warnings about potential hazards can also lead to liability.
Legal claims often involve proving that the product was defective or that the company failed to warn consumers about known risks. This can include design defects, manufacturing defects, or failure to warn.
What Are Your Legal Options?
If a loved one has suffered injury or illness due to choking on a product or exposure to toxic materials, you may have grounds for a product liability claim. Here’s what you should consider:
- Seek Medical Attention Immediately: Health and safety come first. Proper documentation of injuries and treatment is essential.
- Preserve the Product: Keep the product, packaging, and receipts to help build your case.
- Document Everything: Take photos of injuries, save medical records, and write down details of the incident.
- Report the Incident: Notify the retailer and, if applicable, the Consumer Product Safety Commission.
- Consult a Product Liability Attorney: An experienced lawyer can help determine if you have a case and guide you through the legal process.
Product liability cases can be complex, especially when dealing with chemical exposure or injuries caused by choking. Expert testimony may be necessary to prove the product’s defect or the manufacturer’s negligence.
Why Choose Bullock Legal Group?
At Bullock Legal Group, we understand how frightening and overwhelming it is when a product you trusted harms you or your family. Our team is committed to investigating your case thoroughly and fighting for the justice and compensation you deserve.
We handle claims involving dangerous toys, contaminated products, and other defective items. Our legal experts will work closely with medical professionals and safety experts to build a strong case on your behalf.
Nationwide Product Liability Claims
If you or a loved one has been injured due to choking hazards or toxic materials in a product, don’t wait to seek legal help. Time is often critical for gathering evidence and meeting filing deadlines. Contact Bullock Legal Group today for a free consultation and let us help you protect your family’s future.
