Children are curious by nature and this curiosity often leads them to place things into their mouth as a way to learn about their world. Unfortunately, this normal part of child development can lead to choking injuries that can be devastating. According to the New York State Department of Health, choking accidents are the fourth leading cause of unintentional death in children under the age of five (5) and are most commonly due to choking on toys, household items, and food.
If your child has suffered a choking injury, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
Common Causes of Choking
While choking accidents can occur for any number of reasons, the most common causes of choking in children include:
- Children’s toys
- Coins
- Batteries
- Window blind cords
- Food
If a caretaker is negligent in their supervision of a child, or a company produces a product that is dangerous or defective and a child is injured, they may be held liable for the damages the child sustains.
Legal Liability for Choking Injuries
Choking injuries that occur while your child is under the care of a caretaker, school, daycare, babysitter, or a friend or neighbor are often due to negligent supervision. In order to pursue a negligence case, certain elements must be proven, which include:
- The defendant owed a duty of care to your child;
- The defendant breached the duty of care;
- The breach of duty was the primary cause of your child’s injuries;
- Your child suffered compensable injuries.
When someone agrees to supervise your child, they immediately accept a duty of care for your child. This duty is not dependent on the existence of a contract, nor is it dependent on a charge or payment for services provided.
If your child’s choking injuries were due to a defective or dangerous product, the product manufacturer, as well as anyone in the chain of distribution may be found liable for their damages.
If your child was injured due to a choking incident, they may have a legal claim for their damages. An experienced personal injury lawyer can review their case and determine who may be at-fault for their injuries and what compensation they may be entitled to.
We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal.
Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule meeting with us here. We’re here 24/7.
