Choking Accident Lawyer

Young children explore the world by putting things in their mouths, which makes choking one of the leading causes of injury and death among children under five. When a toy, a piece of children’s equipment, or another product is designed or manufactured with small parts that pose a foreseeable choking hazard, the manufacturer can be held legally responsible. A choking accident lawyer at The Killino Firm helps families investigate what caused their child’s choking injury and pursue compensation from every responsible party.

Our firm has a long history of taking on toy and product manufacturers, including a nationwide class action against Mattel over dangerous, lead contaminated toys. Contact us today for a free consultation.

What Are the Most Common Choking Hazards for Children?

A child’s airway is roughly the width of a drinking straw, which means even a small object can cause a complete blockage. Common choking hazards include:

Small toy parts, including detachable pieces, small balls, marbles, and toy accessories
Button batteries, which pose an especially severe risk since they can cause internal burns even if not fully swallowed
Balloons, both inflated and deflated
Strong magnets, which can cause serious internal injuries if more than one is swallowed
Small toys or products marketed for older children but accessible to younger siblings
Products that fail to meet federal small parts safety standards for children under three

Who Can Be Held Liable for a Choking Injury?

A choking injury claim often centers on whether a product was defectively designed, manufactured, or labeled.

Design defects occur when a product is inherently dangerous because of how it was designed, such as a toy with parts that easily detach into a size small enough to choke a young child.
Manufacturing defects occur when an individual product deviates from its intended design during production, such as a piece that was not properly secured during assembly.
Warning defects occur when a manufacturer fails to include clear age recommendations or choking hazard warnings required by law.
Retailers and distributors may also share liability, particularly if a product was marketed or sold in a way that misrepresented its safety for young children.
Daycares and caregivers can be liable separately if a choking injury resulted from negligent supervision, such as leaving small objects within reach of an infant or toddler.

What Are the Consequences of a Choking Injury?

Choking injuries can range from a frightening close call to a life altering or fatal event. Consequences can include:

Oxygen deprivation, which can cause permanent brain damage even after a child survives
Internal injuries, particularly from swallowed button batteries or magnets
Emergency surgery to remove a lodged object
Long term developmental effects related to brain injury
In the most severe cases, wrongful death

What Compensation Can a Choking Accident Lawyer Help You Recover?

A choking accident lawyer can help you pursue compensation for:

Emergency medical treatment and hospitalization
Ongoing medical care, including treatment for any resulting brain injury
Pain and suffering
Emotional distress for both the child and the family
Lost wages for a parent who had to take time off work
Wrongful death damages, if the injury proved fatal

What Should You Do After a Choking Injury?

Seek emergency medical care immediately, even if the object was successfully removed.
Save the product involved, including any packaging, in the exact condition it was in at the time of the incident.
Photograph the product and the packaging, including any age recommendations or warning labels.
Note where and how the product was purchased.
Check for an existing recall on the product involved.
Contact a choking accident lawyer before disposing of any evidence related to the incident.

If your child suffered a choking injury because of a dangerous or defective product, contact The Killino Firm today for a free consultation with a choking accident lawyer who will investigate what happened and fight for the compensation your family deserves.

Call (878) 888-7878 or fill out our online form for a free case evaluation.

Frequently Asked Questions

The toy did not have a choking hazard warning label. Does that matter?

Yes. Federal law requires warning labels on toys with small parts intended for children ages three to six. A missing or inadequate warning can be strong evidence in a product liability claim.

My child swallowed a button battery. Is this treated differently?

Button battery injuries are treated as a medical emergency because they can cause severe internal burns within hours. These cases often involve strong product liability claims given the well documented dangers of button batteries in children’s products.

What if the toy was intended for an older child?

If a choking hazard toy was accessible to a younger sibling, this does not necessarily prevent a claim, and it may raise separate questions about labeling, packaging, and how the product was marketed.

Is there a recall on the product that hurt my child?

Many choking injury cases involve products that were later recalled by the Consumer Product Safety Commission. Your attorney can investigate whether a recall applies to your case.

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Testimonials

Courtney S

2 years ago

We contacted this firm when our son suffered a birth injury. They listened to our potential case and took us on. They helped us all the way through the process, always took my calls and questions. Killino is very passionate about his work and it felt like he was upset for our son like he was his own child. The paralegal, Kayla, was always on top of things and helpful. The whole firm that we worked with really did their best for us and now we have what we need to care for our son. We couldn’t be more grateful.

Reggie B

2 years ago

Jeff and his team at Killino Law Firm are truly exceptional! They took on my daughter’s challenging case when no one else would, and their dedication, expertise, and compassion made all the difference. Thanks to their amazing work, we can now take care of our daughter for the rest of her life. Jeff handled everything with professionalism and kept us informed every step of the way. If you’re in need of a personal injury & accident lawyer, look no further—Jeff is your guy. I can’t recommend him and his exceptional team enough!

Corey E

3 years ago

The Killino firm is an excellent firm that tirelessly advocates on behalf of their clients. I’ve come across a lot of great personal injury attorneys in my time and simply put, Killino is the best.

Jeanne Y

3 years ago

Since day one I called the Killino firm, I was heard and taken care with respect. I very much thank Jeff for his proffesionalism and commitment. some days I’d email him in the middle of the night and exepct a response within an hour. They went beyond our spectactions. He did as promised. my husband and I are grateful for working with you. I’d 100% recommend this firm!!! thank you Jeff and the team

Trisha H

5 years ago

My sisters and I are so very grateful for The Killino Firm. They worked tirelessly for over three years on our case, were very attentive and kept us updated every step of the way. Aside from being gifted at what they do, Jeff and Dawn are so caring and understanding. Every single person we were in contact with from the firm was professional and kind. We will always recommend this firm! We really can’t thank them enough.

Michaelene C

6 years ago

Highly knowledgeable, listened to my concerns, gave wonderful advice and took a genuine interest in my case. Absolutely the best lawyers and firm around. Would highly recommend them to anyone looking for competent lawyers to handle their case no matter how complicated.

Rhonda L

6 years ago

They helped me get through a terrible situation they were relentless for fighting on my behalf and because of there hard work my situation was resolved very favorable for me and my family I can’t thank them enough if you need help call them first you won’t be sorry

The Killino Firm Changes Lives

In the aftermath of a wrongful death or catastrophic injury, particularly those involving babies and children, victims and their families are forced into the new “normal”. Their lives are often characterized by multiple facets of struggle; physical, medical and financial. The worry and stress can be unbearable. But, that is where the Killino Firm steps in.

Life-Changing Financial Security

Time and again for over two decades Jeffrey Killino has changed the lives of his clients and their families with recoveries that will provide for all future medical care and day to day needs. The Killino Firm clients are regularly purchasing new homes and vehicles; securing much needed medical care and assistance; and sleeping better at night know there are millions of dollars to take care of them for the rest of their lives.

Ongoing Client Support and Protection

Yes, the Killino Firm regularly secures multi-million dollar settlements and/or verdicts, however, we measure our true success in terms of how we change our clients’ lives. The Killino Firm is dedicated to its clients and their plight. After the cases are over, the Killino Firm stays involved and available to it’s clients as the journey continues.

Caring for Clients and the Community

At the Killino Firm we care about our clients and we care about our community, which is why from time to time when we uncover a hazard or danger with the potential to harm others, the Killino Firm takes action to alert the public and appropriate regulatory authorities.