Austin Child Suffocation Injury Lawyer
If someone else’s misconduct caused your child’s suffocation or strangulation injury, contact Loewy Law Firm immediately. You might be entitled to compensation for the medical bills, out-of-pocket costs, and other expenses associated with your child’s treatment.
Household items and toys pose a serious risk to infants and small children. Manufacturers must meet safety and quality standards while manufacturing consumer products. However, errors during production can place a dangerous product on the market. You might be able to hold the manufacturer liable for your child’s strangulation or suffocation injury.
Call Loewy Law Firm at (512) 280-0800 for your free consultation with an Austin child injury lawyer to learn more about how we can help.
Common Causes of Suffocation Injuries in Children
A child can suffocate on products that cover their mouth or restrict their oxygen flow. Infants are vulnerable to this type of injury because they don’t have the strength to lift their heads or move away from the object that prevents them from breathing.
The most common household items that can cause a suffocation injury include:
- Crib pads
- Baby slings
- Plastic shopping bags
- Stuffed animals
- Blankets and bedsheets
- Dry cleaning bags
- Saran wrap
Airtight products, such as suitcases and refrigerators, can trap small children if they climb inside while playing. Although they view these household items as fun toys, a faulty handle or another defective part might prevent them from climbing out.
Common Causes of Strangulation Injuries
Numerous hazards in the home can strangle a child, and the most innocuous-seeming product could cause harm.
Strangulation injuries can cause significant damage in just a few minutes. The brain needs oxygen to function. Prolonged oxygen deprivation can lead to severe medical problems and death.
Various products can potentially injure small children despite the standards enforced by the Consumer Product Safety Commission (CPSC). Common causes of strangulation injuries include:
- Swing sets
- Electrical cords
- Curtains and blinds
- Defective cribs
- Baby playpens
- Clothes with drawstrings
Types of Product Defects
A product can become defective during any stage of manufacturing. Companies are supposed to test their products before supplying them to the public. However, anyone can make a mistake that leads to a defect. Product defects are dangerous and increase the risk of injury.
Strangulation and suffocation injuries can result from three types of defects:
- Design defect – A design defect occurs when an error during the planning, designing, or development phase makes a product inherently dangerous for a consumer.
- Manufacturing defect – A manufacturing defect is an error made while installing, assembling, manufacturing, or constructing a product. The defect makes the product unsafe despite the manufacturer following the correct design.
- Marketing defect – A marketing defect is also called failure to warn. Manufacturers must provide adequate warning labels and instructions. An injury can occur if the manufacturer doesn’t disclose the dangers of its product or provide clear instructions on how to use it safely.
Who Is Liable for a Strangulation or Suffocation Injury?
Strict liability applies to product liability cases in Texas. That means a defendant is liable for someone’s injury if a product contains a defect and the defect harms the consumer.
Manufacturers, suppliers, and other parties can be liable for injuries from a defective product. Anyone involved in manufacturing, producing, or selling a product must ensure it works as intended.
The parties commonly held liable for injuries from defective products include:
- Design teams
- Shipping companies
You should reach out to Loewy Law Firm if you believe your child’s strangulation or suffocation injury is due to a defective product. We can determine who is liable and build a case against the at-fault party.
Compensation for Suffocation and Strangulation Injuries
You can pursue compensation from the at-fault manufacturer or another party at fault for your child’s injury. Whether you file an insurance claim or lawsuit, the money you receive might compensate you for:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Out-of-pocket expenses
- Loss of household services
You might also recover exemplary damages in a lawsuit against the at-fault party. Exemplary damages punish the defendant for their actions and aim to deter similar behavior in the future. To receive this financial award, you must show clear and convincing evidence of the defendant’s gross negligence, fraud, or malice.
Seeking Compensation for Wrongful Death
According to Texas Civil Practice and Remedies Code § 71.002, wrongful death is a person’s death caused by someone else’s neglect, wrongful act, unskillfulness, default, or carelessness.
Strangulation and suffocation injuries can cause a child’s death. If your son or daughter died because they were injured by a defective product, you could file a wrongful death lawsuit against the design company, manufacturer, or another party responsible for the defect.
You might receive compensation for:
- Mental pain and anguish due to the death
- Loss of companionship, love, and comfort
- Funeral expenses
You can also seek exemplary damages if the at-fault party’s malice, gross negligence, or fraud contributed to your child’s death.
Statute of Limitations on Strangulation and Suffocation Injuries
In Texas, the statute of limitations for product liability cases allows a fifteen-year timeframe to file a lawsuit against another party. That means you must initiate your lawsuit against the manufacturer or another liable party within fifteen years of purchasing the product. Filing beyond the 15 years might be possible if the manufacturer offers a longer warranty or your injury has a delayed onset.
The statute of limitations for wrongful death allows a two-year timeframe to file suit. The timeframe begins on the date of your child’s death. If you don’t file within two years, you can lose your right to pursue compensation in court.
Contact Loewy Law Firm Today
At Loewy Law Firm, our dedicated team has represented injured clients since 2005. We believe in protecting the rights of accident victims and fighting for the justice they deserve. When you hire us, we will aggressively pursue the maximum possible compensation and try to reach a favorable outcome.
If someone else is responsible for your son or daughter’s strangulation or suffocation injury, contact Loewy Law Firm right now. You can discuss your case with one of our experienced Austin suffocation or strangulation injury lawyers during a free consultation. Call us at (512) 280-0800 today.