Child Toy Choking Injury Claims

Parents trust that toys sold for babies and young children are reasonably safe. Teething toys, rattles, pull-string toys, plush items, and learning toys are often marketed as age-appropriate and designed for small hands and mouths. Yet every year, children are injured or killed after choking on toy parts, strings, or components that detach during normal use.

Choking incidents involving toys can happen suddenly and without warning. In many cases, the injury occurs while a parent or caregiver is nearby, but the child is unable to clear their airway on their own. These incidents often leave families asking difficult questions: How did this happen? Should this toy have been sold? And can a parent take legal action after a choking injury?

If your child suffered a choking incident or serious injury involving a toy, you may have legal options. Child toy choking injury claims focus on whether a product was unreasonably dangerous, improperly designed, poorly manufactured, or sold without adequate warnings. This page explains how toy choking injuries occur, when claims may be possible, and what families should consider next.

Why Toy Choking Injuries Are So Dangerous

Young children explore the world by putting objects in their mouths. Infants and toddlers do not have the ability to recognize danger, remove obstructions, or call for help. Even brief airway blockage can lead to:

• Oxygen deprivation
• Loss of consciousness
• Brain injury
• Cardiac arrest
• Death

Because of these risks, toy safety regulations exist to limit small parts, strings, cords, and detachable components in children’s products. When toys violate these standards or fail during use, the consequences can be severe.

Common Choking Hazards Found in Children’s Toys

Toy choking hazards may include:

• Small detachable parts
• Pull strings or cords
• Buttons, beads, or fasteners
• Loose stitching that releases stuffing
• Breakable plastic or rubber components
• Decorative elements not intended for mouthing

Even toys labeled for babies can pose risks if components detach over time or if quality control is lacking.

How Toy Choking Injuries Commonly Occur

Choking injuries often happen during ordinary, expected use of a toy, such as:

• A baby pulling on a string that detaches
• A teething toy breaking apart while being chewed
• A rattle releasing internal components
• A plush toy shedding small pieces
• A sibling giving a toy not intended for younger children

Many incidents occur without misuse, meaning the toy was being used in a way that manufacturers should reasonably anticipate.

Types of Injuries Linked to Toy Choking Incidents

Injuries associated with toy choking hazards may include:

• Gagging and airway obstruction
• Difficulty breathing
• Loss of consciousness
• Emergency medical intervention
• Hospitalization or ICU admission
• Brain injury from lack of oxygen
• Emotional trauma to the child and family
• Fatal outcomes in the most severe cases

Even non-fatal choking incidents can require extensive medical evaluation and follow-up.

Examples of Child Toy Choking Injury Scenarios

While every situation is unique, child toy choking injury claims often involve scenarios like these:

Example 1 – Pull-String Toy Incident
An infant pulls on a string attached to a toy. The string detaches and becomes lodged in the child’s throat, causing choking and requiring emergency care.

Example 2 – Small Part Detachment
A toy labeled for young children breaks apart during normal play. A small component enters the child’s mouth and obstructs breathing.

Example 3 – Teething Toy Failure
A teething toy softens with use and splits, releasing a piece that the child swallows or chokes on.

These incidents frequently happen quickly, leaving caregivers little time to respond.

Understanding Product Liability in Child Toy Choking Claims

Child toy choking injury cases are typically evaluated under product liability law, which focuses on whether a product was unreasonably dangerous when it left the manufacturer or seller.

Potential legal theories may include:

Design Defect

If the toy was designed with features that posed a foreseeable choking risk, such as strings or detachable small parts.

Manufacturing Defect

If certain toys were improperly assembled, allowing parts to detach.

Failure to Warn

If packaging failed to provide adequate choking hazard warnings or age-appropriate guidance.

Negligence

If a manufacturer, distributor, or seller failed to exercise reasonable care in designing, testing, or selling the toy.

A toy does not need to be recalled for a claim to exist, though recalls can help establish that a hazard was recognized.

Age Labels and Warnings: Why They Matter

Toys are often labeled with age recommendations, but those labels do not automatically protect companies from liability. Courts may examine:

• Whether the age label was appropriate
• Whether the toy was realistically likely to be used by younger children
• Whether warnings were clear, visible, and understandable
• Whether the product complied with safety standards

A toy marketed or sold in a way that encourages use by infants may face greater scrutiny.

The Role of Online Marketplaces in Toy Safety

Many choking-hazard toys are sold through online marketplaces such as Amazon and other e-commerce platforms. These sales channels can present challenges, including:

• Third-party sellers with limited oversight
• Delayed recall notifications
• Products remaining available after safety concerns arise

Parents may not realize a toy is dangerous until an injury occurs.

What Parents Should Do After a Toy Choking Incident

If your child experienced a choking incident involving a toy:

1. Seek emergency medical care immediately
2. Follow all medical instructions
3. Preserve the toy and packaging if possible
4. Take photographs of the product and any injuries
5. Document what happened as soon as possible
6. Save receipts or purchase confirmations
7. Report the incident to appropriate safety agencies
8. Consult a lawyer to understand your options

Preserving evidence can be critical in evaluating a potential claim.

Compensation That May Be Available

If a child is injured due to a dangerous toy, families may be able to seek compensation for:

• Emergency medical treatment
• Hospitalization and follow-up care
• Long-term medical needs
• Pain and suffering
• Emotional distress
• In severe cases, wrongful death damages

Claims involving children often focus on both immediate harm and long-term impact.

How the Law Offices of Jason Turchin May Help

The Law Offices of Jason Turchin can represent families nationwide in defective product and child injury cases, including toy choking injury claims. The firm handles cases on a contingency fee basis, meaning there are no fees or costs unless money is recovered.

The firm may help by:

• Reviewing toy design and safety standards
• Investigating how the choking hazard occurred
• Preserving and analyzing evidence
• Identifying responsible manufacturers or sellers
• Handling communications with companies and insurers
• Pursuing compensation through settlement or litigation when appropriate

We aim to help families understand their rights during a difficult time.

Frequently Asked Questions (FAQs)

Do I need a recall to file a toy choking injury claim?

No. Many claims involve products that were never formally recalled.

What if my child survived but was seriously injured?

Non-fatal injuries may still support a legal claim.

Can I file a claim if the toy was purchased online?

Yes. Online purchases do not prevent injury claims.

What if the toy had a warning label?

Warnings must be adequate and effective. Labels alone may not prevent liability.

How long do I have to file a claim?

Time limits vary by state, so speaking with a lawyer promptly is important.

Is this a class action lawsuit?

Some cases are individual; others may be coordinated depending on circumstances.

What if I no longer have the toy?

Claims may still be possible with medical records, photos, and purchase documentation.

Speak With a Child Toy Injury Lawyer

If your child was injured or placed at risk by a dangerous or defective toy, you may have legal options worth exploring. The Law Offices of Jason Turchin can help review your situation and explain potential next steps.

📞 Call (800) 337-7755 or visit www.VictimAid.com for a free consultation.
There are no fees or costs unless money is recovered.