QUESTION
Can I sue a company if my child choked on a product?
Asked on Sep 05th, 2011 on Personal Injury - New York
More details to this question:
My daughter swallowed and choked on a plastic that was in a jar of Gerber baby food. What are my options as a consumer? Can I take them to court? Do I have a case against these people for not taking me seriously?
11 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on Sep 08th, 2011 at 11:38 AM
Virginia personal injury law does permit a claim for a foreign substance in a food product. Hopefully, you have preserved the item. The key in such cases is proof of damages. Was there a trip to the Emergency Room? Any permanent harm? You should be ready to discuss these issues with a personal injury lawyer if you wish to pursue the case.
Answered on Sep 08th, 2011 at 11:29 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Facts not clear. Was this a foreign substance? If so if there was actual harm done you may have a valid claim. Choking? Was there damage done? Or just a temporary inconvenience or annoyance? F
Answered on Sep 08th, 2011 at 11:15 AM
Contact a plaintiff's product liability attorney to advise you on seeking relief against the company (ies)responsible for themanufacturing and placing of the Gerber product in the jar. If there were negligence in putting the plastic in the jar, and the negligence was the proximate cause of the injury (choking) to your daughter, the company may be held liability.
Answered on Sep 08th, 2011 at 10:23 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
The manufacturer and seller of a product can be held liable for injuries caused by a defect of the product. You would have to prove that the foreign object was in the food and that is what caused your child to choke on it. Unfortunately, there are scam artists out there who try to make such claims and it is difficult to tell the genuine victims from the scammers. Unless there was a severe injury, it may not be worth pursuing.
Answered on Sep 08th, 2011 at 9:55 AM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
You should consult with a Personal Injury attorney as soon as possible.
Answered on Sep 08th, 2011 at 9:51 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
Contact a personal injury attorney and he or she can advise you. I presume there were no lasting effects of swallowing the plastic? If not the case still has some value and is worth pursuing.
Answered on Sep 08th, 2011 at 9:26 AM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
One of the main question in this situation is always, "What are the damages?" I did not gather from your email if your child survived the event and if so, what were the effects of his chocking on plastic piece. If your child was not harmed in any major way, then it is not likely the company will be held liable for any damages. If, God forbid, something did happen to your child as a result of this event, then you may have a claim against the manufacturer for the damages caused as a result of its negligence. You still have many things in which you have to prove before the manufacturer will be held liable for your child's damages.
Answered on Sep 08th, 2011 at 9:22 AM
Criminal Law Attorney serving Centennial, CO
at
Law Office of Mark P. Miller
Update Your Profile
You are asking a products liability question, an area that I do not handle. Personal injury involves motor vehicle accidents, slip and fall cases, i.e. slipping on a wet floor in a grocery store, and/or dog bite cases. Hopefully someone familiar with your area will respond.
Answered on Sep 08th, 2011 at 8:29 AM
2 Awards
Adulterated food is a very serious matter, especially when it involved children's food. If the child was injured, I would suggest contacting an attorney immediately. If the child is fine, you could always report the matter to the FDA.
Answered on Sep 08th, 2011 at 8:17 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
You don't say exactly what your daughter choked on and I don't want to guess. If it was a foreign object like a cigarette butt (which I've seen in food) then you have a good claim. If it was something that belonged there, like some item of packaging that accidentally fell in, then you may have a claim. You need a products liability attorney to review the exact facts.
Answered on Sep 08th, 2011 at 7:51 AM