Child Choking and Strangulation Injuries
Choking and strangulation are serious medical emergencies for children because both can interfere with the body's ability to deliver oxygen to the brain. Even a relatively brief interruption in oxygen can result in severe injuries, including brain damage, neurological impairment, permanent disability, or death.
Young children can be particularly vulnerable to choking because they naturally explore objects with their mouths and may not yet have fully developed chewing and swallowing abilities. Strangulation injuries can occur when cords, straps, clothing, window coverings, toys, or other objects become wrapped around a child's neck.
Some choking and strangulation incidents are unavoidable accidents. Others may occur because of defective products, inadequate supervision, unsafe premises, daycare negligence, or another party's failure to protect a child from a foreseeable hazard.
What Causes Choking Injuries in Children?
Choking occurs when an object, food, or other material partially or completely blocks a child's airway. Without prompt intervention, the resulting lack of oxygen can quickly become life-threatening.
Common choking hazards may include:
Small toys and toy parts
Coins and other small household objects
Food that becomes lodged in the airway
Balloons
Batteries
Small magnets
Bottle caps and similar objects
Improperly designed children's products
Objects accessible to children in daycare or school environments
Manufacturers, childcare providers, schools, property owners, and others responsible for children's safety may have obligations to take reasonable precautions against foreseeable choking hazards.
What Causes Strangulation Injuries in Children?
Strangulation occurs when pressure around the neck restricts breathing or blood flow. These incidents can happen quickly and may not initially produce obvious external injuries.
Potential strangulation hazards include:
Window blind and curtain cords
Drawstrings on clothing
Crib or playpen components
Playground equipment
Toy cords, strings, or straps
Car seat or stroller straps
Furniture or household products
Improperly secured ropes or cables
Unsafe sleeping environments
Children may not recognize the danger presented by these objects or may be unable to free themselves once they become entangled.
Choking and Strangulation Injuries Caused by Defective Products
Children's products are expected to be reasonably safe when used as intended or in reasonably foreseeable ways. Unfortunately, defective designs, manufacturing problems, inadequate warnings, or dangerous small components can create serious choking or strangulation risks.
Products potentially involved in these incidents may include toys, cribs, high chairs, strollers, car seats, clothing, furniture, window coverings, and other children's products.
When a dangerous or defective product causes an injury, the manufacturer, distributor, retailer, or another party in the chain of distribution may potentially be held responsible depending on the circumstances.
Preserving the product involved in the incident can be particularly important. Families should avoid disposing of or altering potentially defective products when they may become evidence in a legal claim.
Choking and Strangulation at Daycare or School
Parents place significant trust in daycare centers, schools, camps, babysitters, and other childcare providers. These individuals and organizations are expected to provide reasonable supervision and maintain an environment that does not unnecessarily expose children to dangerous conditions.
A choking or strangulation incident may raise concerns about negligence when it involves:
Inadequate supervision
Age-inappropriate toys
Small objects left within a young child's reach
Unsafe food preparation or serving practices
Dangerous playground equipment
Accessible cords or strings
Failure to remove known hazards
Failure to respond appropriately to an emergency
Whether a childcare provider was negligent depends on the specific facts surrounding the incident, including the child's age, the level of supervision provided, and whether the danger should reasonably have been identified.
Brain Injuries Caused by Oxygen Deprivation
One of the most serious consequences of choking or strangulation is damage to the brain caused by oxygen deprivation.
When the brain receives an inadequate amount of oxygen, the condition is known as hypoxia. A complete interruption of the brain's oxygen supply is known as anoxia. Both conditions can cause permanent neurological damage when oxygen is not restored quickly enough.
A child who survives a severe choking or strangulation incident may experience:
Cognitive impairment
Memory problems
Developmental delays
Seizures
Speech and language difficulties
Motor impairments
Behavioral changes
Problems with balance and coordination
Permanent brain damage
Coma
The severity of an oxygen-deprivation injury depends on several factors, particularly how significantly oxygen levels were reduced and how long the brain remained deprived of adequate oxygen.
Signs of a Choking or Strangulation Injury
A child experiencing a blocked airway or strangulation may be unable to explain what is happening. Recognizing signs of distress can therefore be critical.
Possible signs and symptoms include:
Difficulty or inability to breathe
Inability to speak or cry normally
Coughing or gagging
Wheezing or unusual breathing sounds
Clutching at the throat
Changes in skin or lip color
Confusion or unusual behavior
Loss of coordination
Loss of consciousness
Seizures
Reduced responsiveness
A choking or strangulation incident requires immediate emergency attention. Even when a child appears to recover, medical evaluation may be necessary because some complications may not be immediately apparent.
Long-Term Effects of Choking and Strangulation Injuries
Children who survive severe oxygen deprivation may require extensive medical treatment and rehabilitation. Because a child's brain and body are still developing, the full effects of an injury may become clearer over time.
Long-term consequences can include:
Permanent neurological impairment
Learning disabilities
Developmental delays
Physical disabilities
Speech and communication difficulties
Behavioral problems
Seizure disorders
Reduced independence
Need for specialized education
Need for lifelong medical or personal care
Families may face substantial costs associated with therapy, medical appointments, assistive equipment, specialized education, home modifications, and ongoing care.
Who May Be Responsible for a Child's Choking or Strangulation Injury?
Determining legal responsibility requires examining how the incident occurred and whether another person or business failed to take reasonable precautions.
Depending on the circumstances, potentially responsible parties may include:
Daycare centers and childcare providers
Schools or camps
Property owners
Toy and children's product manufacturers
Product distributors and retailers
Businesses responsible for maintaining a property
Other individuals or entities whose negligence contributed to the incident
A thorough investigation may include reviewing surveillance footage, witness statements, product information, medical records, safety procedures, inspection records, and other available evidence.
Compensation for a Child Choking or Strangulation Injury
When negligence causes a serious injury to a child, the family may be able to pursue compensation for the consequences of the incident.
Depending on the facts of the case, damages may include:
Past and future medical expenses
Rehabilitation and therapy
Specialized educational services
Assistive medical equipment
Long-term personal care
Future loss of earning capacity
Pain and suffering
Permanent disability
Other damages available under applicable law
When a choking or strangulation incident results in a child's death, the family may also have legal rights under New Jersey's wrongful death and survivorship laws.
Contact a New Jersey Child Choking and Strangulation Injury Lawyer
A serious choking or strangulation incident can have devastating consequences for a child and their family. When an unsafe product, inadequate supervision, dangerous property condition, or another party's negligence contributed to the incident, families deserve answers about what happened and whether it could have been prevented.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm investigates serious child injury cases to identify potentially responsible parties and help families pursue the compensation available to them under New Jersey law.
If your child suffered a serious choking or strangulation injury because of another party's negligence, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
