4-Year-Old Dies from Choking on Food at Costco

A 4-year-old child passed away after choking on food at a Costco location in Kenniwick, Washington. The incident occurred on July 9, 2023 and was believed to be caused by a hot dog, which the girl was eating at the time. Bystanders at the store tried to help the child by using CPR and AED until emergency services arrived. According to the Benton County Coroner, the child died later that day at the hospital due to asphyxia from choking.

No further details have been released, but as of now, the County has declined to perform an autopsy because the incident was “heavily witnessed” by store employees and shoppers, who confirmed that the child was choking. However, all that means is that the child died from something that blocked her airways – presumably, a piece of hot dog. Was there a foreign object in the food that was caught in her throat? How did employees at the store respond when they figured out what was going on? These are some of the questions that arise when a child dies from a senseless accident.

Our law firm is keeping a close eye on this case, as we have seen our share of injuries and death as a result of a choking incident that could have been prevented. When a child or any other individual passes away from negligent circumstances, a wrongful death lawsuit can bring justice to grieving family members. To learn more about your rights and legal options, contact the attorneys of Normandie Law Firm.

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Food Choking Incidents among Children

While anyone can choke on a piece of food, the elderly and young children are especially prone to food choking injuries. Babies and toddlers, for example, explore the world by putting things in their mouths. That’s why small toy pieces and batteries must be kept out of their reach, and food should be cut into small pieces.

In the recent tragedy at a Washington Costco, the child is believed to have choked on a hot dog. Due to the increased risk of choking, this is one of those foods that many parents keep away from young children. Other foods that are considered choking hazards by the American Academy of Pediatrics include:

• Peanuts

• Gumballs

• Popcorn

• Chunks of meat and cheese

• Raisins

• Whole grapes

• Gel and hard candies

However, pediatricians generally agree that it’s fine to give a 4-year-old hot dogs, as they have effectively learned to chew and break down their food. Thus, it doesn’t appear that the parents did anything wrong in terms of what they allowed the little girl to eat. We also know that this was a public place with lots of people that witnessed the accident, so it’s not as if she was without immediate assistance from adults.

So, Why Did the Child Die from Choking?

We know that CPR was attempted by some of the onlookers, which probably means they were unable to dislodge the obstruction by standing behind the child and pushing upwards on the abdomen. This method should have been effective in bringing up the piece of hot dog or bread that was causing the victim to choke. We can assume that these attempts were unsuccessful, as they were forced to use CPR and a defibrillator to try and revive the girl.

Emergency responders removed some food from her mouth before taking the child to the hospital. Thus, it’s possible that whatever was making the girl choke was something other than food. Foreign object in food incidents can happen easily at restaurants and food courts. We often hear about these cases on social media, when photos of body parts, animals, and other disgusting items in someone’s food go viral. But these are not just a source of cringe-worthy amusement; foreign objects in food cause serious injuries, including death.

While the county coroner’s office has declined to do an autopsy, there’s no denying that this was a senseless death that should not have occurred when there were so many people around to help this child. Speaking of which, let’s talk about the responsibility that Costco has if someone at their store is choking. What is a store’s duty of care to prevent such accidents on their property, and what should they do if someone is clearly in distress?

Can the Parents Sue Costco for a Case of Wrongful Death?

The right to sue someone else is based on the concept of negligence, which is the failure to exercise reasonable care towards others. A store owner, for example, must keep the premises clean and free of hazards that can cause shoppers to be injured. If they serve food on the premises, like at a food court, they must follow food safety guidelines to prevent incidents like food poisoning and choking from foreign objects in food.

The store’s reaction to an accident or someone in distress is important as well. How long did it take employees to notice that the child was in need of medical assistance? Was 911 called right away or did the store take longer than they should have in contacting emergency services? These are some of the questions that need to be answered before we can decide if a store is responsible for someone’s death from asphyxiation by choking.

The police and coroner’s office are quick to close the book on such cases, but we know that families need clear and decisive answers as to why their loved one passed away. This is why many of them obtain representation from a wrongful death law firm. If you believe that your family member’s death was caused by suspicious or negligent circumstances, contact us immediately and speak to a lawyer with experience in cases of accidental death.

Statute of Limitations to File a Wrongful Death Lawsuit

The statute of limitations for a wrongful death claim in California is two years. The two-year window starts from the date of your loved one’s passing, except in rare circumstances. For example, the cause of death is not always determined in the days and weeks after a person’s death. In some cases, it can take one or more years before an official cause of death is determined. Under the discovery rule, the statute of limitations can be adjusted to start from the date of discovering how the person died. However, only the court can grant an extension, so it’s important to verify the exact deadline for a lawsuit with a California wrongful death lawyer.

Death by Negligence Lawsuit Case Values

Settlements for cases of wrongful death typically start at around $500,000, though most of the settlements we have recovered exceed $1,000,000. Most payouts are negotiated between the victim’s loved one and the defendant’s insurance company, so it’s unlikely that your case will go to trial. During a free consultation, a wrongful death lawsuit attorney will explain the various payments that are included in a settlement award. These include funeral expenses, lost earnings, medical bills, pain and suffering, and loss of consortium. For a detailed analysis of your case and how much you can potentially recover from a lawsuit, please contact our law firm.

How Long do Wrongful Death Lawsuits Take to Settle?

Wrongful death claims are very complex in nature, especially when they involve incidents like choking by a small child. Considering how often children choke on food, it can be quite challenging to build a strong and compelling case on behalf of the family members. Negotiating a settlement is complicated as well, as major corporations like Costco will fight to reduce their liability and therefore, the amount they owe the victim’s family members. We are fully prepared to tackle these challenges and secure your rightful payment, but that process can take over a year, and possibly up to several years if we need to take your case to trial.

Free Legal Assistance for Loved Ones of Accident Victims

We all know the saying, “Accidents happen,” but it’s not that simple to people who have lost a family member to a tragic incident. Many accidents that lead to an unexpected death could have been prevented by an individual, company, government agency, or some other entity. If someone’s negligence or reckless conduct caused or contributed to your loved one’s death, you are entitled to wrongful death compensation for your monetary losses.

The wrongful death lawyers of Normandie are here to guide you through the legal process and ensure that you receive justice under the law. All it takes is a free consultation with one of our attorneys, who can help you decide on the best course of action. From day one, you won’t be responsible for any legal fees under the Zero Fee Guarantee. We ask for legal fees directly from the party you are suing, so winning your case is the only way we receive payment.

Our lawyers are here for you 24 hours a day, so don’t hesitate to contact us if you have any questions or concerns.

Other Pages on Our Website Related to This Topic
Choked on a Foreign Object in my Food – Can I Sue?
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Average Value of an Accident Injury Case at Costco