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Is a Day Care Center Legally Liable for the Personal Injuries Suffered Due to a Choking Incident at the Facility?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


In day care centers and child care centers, children are the unfortunate victims of injuries and deaths due to negligence and improper supervisions. Many such child personal injuries and wrongful deaths are preventable with better more consistent and timely care provided by the day care staff. One danger or risk that can present itself in every day care center is that of choking. Is a day care center liable for the injuries caused by a choking incident in the day care center? The answer to this question depends on the facts and circumstances of the choking incident. Factors that may be considered in evaluating a potential legal case or claim include:

the age of the child;

supervision in place at the time of the incident;

object swallowed by the child (i.e. food, coin, toy, etc. . .)

First Aid and CPR response to the choking incident;

maintenance of the facility; and

other factors.

Every facility would be well served by having a choking preventation policy and procedure in place for the facility. Since the risk of choking is a well known risk for every child in the day care center. precautions and due diligence should be exercised to provide the children a safe and clean educational environment on a daily basis. It has been reported that the choking rates are the highest for babies under the age of 1 year old. There are certain foods that are especially dangerous to young children as to choking risks. These includ certain candy, nuts, grapes, and hot dogs. Tragically, children die during a simple snack or lunch periods at lunch and snack periods at schools and day care centers. See Choking Risks and Basic Information.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injures, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

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