Choking Lawyer New Jersey

Choking Lawyer

Choking Lawyer New Jersey

The skilled NJ choking lawyers from Davis & Brusca, LLC have years of legal experience assisting clients who have suffered an injury or lost a loved one due to choking. If this has happened in your family, call us now and get legal help from our dedicated team.  

Choking Lawyer in New Jersey

The top NJ Choking lawyers at Davis & Brusca, LLC know what it takes to recover compensation for injury victims. Trust our highly awarded and distinguished lawyers to get the financial compensation your family deserves. Schedule a consultation today and find out what we can do for you. 

Signs of Choking

Did you know that the elderly are among the most at-risk for a choking event? This is because many seniors suffer from a condition known as “dysphagia” – which is an impairment to the swallowing reflex.  Dysphagia has many causes, including certain medical conditions – like Multiple Sclerosis (“MS”), and must be addressed by dietary changes and feeding assistance to keep seniors safe.  As experienced choking lawyers in NJ, we can attest to the importance of prompt and proactive action when it comes to choking. Choking generally occurs when a person attempts to swallow food which is inadequately broken down by chewing, or is of the wrong consistency, or a bite which is simply too large for them . Seniors with impairment to their swallowing ability frequently require smaller bites (also known as a “small bolus”) and/or textural modifications (such as “nectar thick” liquids) in order to remain safe. If your elderly loved one chokes in a nursing home, there is a high likelihood that they were given the wrong food, or were improperly supervised while eating, or were fed by a careless or improperly trained person. Serious consequences from choking are not limited to suffocation.  Inhaling food is know as “aspiration” and can cause a serious lung infection known as “aspiration pneumonia.”  If your loved one has suffered a choking event or aspiration pneumonia in a nursing home, call the NJ Choking lawyers at Davis & Brusca today. We can help.

Some of the common signs and symptoms of choking include:

4 Common Ways Choking Happens

Choking is a serious health emergency that must be responded to immediately. If a  conscious adult or child is choking, the airway is probably blocked. A small toy, food, or fluids can get stuck in the throat. Some of the most common ways that choking happens are listed as follows:

  1. Trying to chew and swallow pieces of food that are too large
  2. Failing to wear dentures while eating
  3. Eating while laughing or talking excitedly
  4. Eating too quickly

Signs of Choking Infographic

If you are near someone who is choking, or if you suspect they are, take immediate action. Call 911.  Consider rendering assistance, such as with the Heimlich maneuver, if warranted.  Remember, prompt action can be the difference between life and death. 

Scenarios That Can Result in Choking 

There are over 5,000 choking deaths that occur every year in the United States. It is common among children and elderly individuals, but anyone can be a victim of choking. People who have respiratory issues are also vulnerable to choking. There are many causes of choking, ranging from food to small toys or other products. A choking incident can happen when you least expect it, so it’s important to understand the leading causes of choking and how to prevent it. 

Certain foods pose a stronger choking risk, especially for the elderly and for small infants and children. Seniors with dysphagia and children should be supervised at all times while they are eating.  For seniors, the most critical issues for safety are use of dentures to ensure food it properly broken down, and limiting access to foods with the proper consistency for their assessed needs.  Amongst healthy adults and children, some of the foods most commonly associated with choking include candy, chewing gum, hot dogs, and grapes.  All foods should be eaten slowly and chewed fully. If a person feels that a swallow of food has become stuck, but they are still able to breathe, taking a drink of water may be able to  help them pass the bite safely down the esophagus to the stomach. 

Legal Assistance is Available for Choking in a Nursing Home

If you or your loved one suffered harm due to choking caused by another’s negligence, you may be eligible for compensation. This is particularly true if the choking occurred in a nursing home and involved a person who was “at risk” for choking. If this happened to you or your loved one, call Davis & Brusca. Our top NJ choking lawyers can review your case and help hold the responsible party liable.

The law limits the time you have to take legal action, so call a choking lawyer from Davis & Brusca, LLC today for urgent legal help. 

Who is Legally Liability For Children’s Choking Injuries? 

Any individual or entity entrusted with the responsibility of caring for a child may be legally liable for the injuries sustained from a child choking on an item that they were granted access to as a result of the individual’s or entity’s negligence. In some cases, the manufacturer of a product, as well as anyone in the chain of distribution, may also be held liable for the child choking injury if the product is determined to be defective. 

Choking is a terrifying experience.  Children tend to be highly curious and inquisitive and often test out foreign objects with all five senses. It’s when they put items into their mouth that they run the risk of choking.  According to a study conducted by the Consumer Product Safety Commission (CPSC), choking on children’s toys and other children’s products is one of the leading causes of death among young children. If your child has suffered a choking injury as a result of someone’s negligence or defective toy or product, then it is often in your best interest to reach out to a lawyer today.

Product Liability 

A product can be found effective in its design or if the manufacturer fails to warn consumers of the product’s dangers. When such a defect is determined to have been the cause of a child’s choking injury then the manufacturer may be found liable for the injuries sustained by the child. It is also possible that the people involved in the product distribution may also be found liable in the product liability action for the injuries of the child. 

There have been many actions brought against toy manufacturers as well as manufacturers of products not intended for child’s use. An example of this is the manufacture of small button batteries. These batteries pose extreme and devastating hazards to children who may swallow or choke on such battery. The company may be liable if the packaging was defective and is found to have been inadequate to prevent young children from gaining access to the batteries.

Negligence Actions for Children’s Choking Injuries 

When you trust someone to take care of your child you are assuming that they will exercise reasonable care for their safety and well-being while entrusted to their care. For example, if a daycare supervisor or other adult allows the child to gain access to toy other item that results in the choking entry for child they could be held liable for negligence because they were not supervising the child as closely as was necessary. 

If your child has suffered a choking injury, contact our New Jersey choking lawyers to help get the compensation your family deserves. Contact Davis & Brusca, LLC today and schedule a free, confidential consultation. 

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