Can I sue a company if my child choked on a product?

My daughter swallowed and choked on a plastic that was in a jar of Gerber baby food. What are my options as a consumer? Can I take them to court? Do I have a case against these people for not taking me seriously?

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Answered By: Law Office of Mark J. Leonardo

Call now: (310) 456-7373

Contact a personal injury attorney and he or she can advise you. I presume there were no lasting effects of swallowing the plastic? If not the case still has some value and is worth pursuing.

Answer Applies to: California - Replied: 9/7/2011

Answered By: The Law Office of Harry E. Hudson, Jr.

Call now: (209) 463-9715

You do not have a case because some one did not take you seriously. However, your child may have a case. Whether or not you have one depends on where you were when the child choked on the foreign matter. See an attorney.

Answer Applies to: California - Replied: 9/7/2011

Answered By: D'Andrea Law

Call now: (310) 309-0478

Your best cause of action based on the facts presented is a product liability claim. Your damages would be any medical bills you incurred as a result of your daughter choking as well as other potential damages that may be assessed. I would recommend contacting an attorney to further discuss your options.

Answer Applies to: California - Replied: 9/7/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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