Can I sue a company if my child choked on a product?
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?
Answered By: The Law Office of Stephen R. Chesley, LLC
You may have a case for personal injury against the company for allowing a plastic object to be left in a food jar. The big question would be what are the damages. What happened to your child as a result of the incident.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Andrew T. Velonis, P.C.
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.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jared Altman
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.
Answer Applies to: New York
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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