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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    If your child swallows a toy and chokes, who is liable?


    If a child swallows a toy and chokes it can be a traumatic experience for parent and child alike. However, answering the question as to who is liable is a tricky one because a variety of factors will decide this. There isn’t only one answer to this question.

    You would need to take into account where the child was, what he or she was doing when it occurred and whether the warnings provided by the toy company on the toy label were heeded.

    Determining liability

    Determining liability for this kind of accident is rather difficult, particularly when it involves a child and a toy and whether the toy was being used suitably and, as mentioned above, safety measures in regards to the toy warnings were enforced.

    If your child swallows a toy and chokes, the first stop in many of these cases is to make sure that the injury wasn’t inflicted by a faulty product and we at Accident Advice Helpline can help to determine this.

    Of course, due to the nature of the scenario, every incident is assessed on a case-by-case basis, but if the accident was due to the fault of the toy company, then there could be a substantial claim for compensation made.

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    What other incidents could occur?

    Any scenario that involves toys mostly centres on product liability and faulty products but some can include slips, trip and falls. Of course, when there are a lot of toys around – especially in the case of a child’s play room for example – the risk of a slip or fall is significantly increased.

    If you or your child has suffered an injury from a toy or in fact, you or your loved one has suffered any other injury that wasn’t your fault and you have documentation to prove it, Accident Advice Helpline can assist you in making a claim. While there are a number of requirements that your claim needs to satisfy, we can help you all the way, from the start of your claim to the very end.

    Be sure that you claim will be of the utmost importance and take comfort in knowing that we work on a no-win no-fee basis. If you have any inquiries or would like to discuss a potential claim, speak to one of our highly trained advisors on our freephone helpline that’s available 24 hours a day, seven days a week for your convenience. Call us today on 0800 689 0500 or 0333 500 0993 from your mobile.

    Date Published: December 9, 2015

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.