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Thread: Small turnings and choking hazard

  1. #1
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    Aug 2007
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    Small turnings and choking hazard

    I may have the opportunity to sell sell some smaller pieces that while not toys, would be attractive to children. I'm concerned about right sizing for safety and of course possible liability.

    There are choke testing tubes but some people seem to feel that the standard should be more stringent. Maybe this is just too litigious an environment for the small producer?

    Any thoughts or guidance would be appreciated.
    RD

  2. #2
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    Put your mind at ease, contact a lawyer, tell him what you are going to sell and then listen to what he says. A lot of lawyers I know will answer your question without even charging you. Further, do not pay any attention to what someone on here might tell you, the fact is, unless they are a lawyer, and are willing to disclose their name, it is just a bunch of guessing and playing attorney on the internet.

  3. #3
    A 'rule' I heard from another turner was that anything that fits down inside a toilet paper tube is too small and presents a choking hazard. No idea how accurate that is...

    robo hippy

  4. #4
    It would be more accurate if the tp cardboard tubes had one standard size.

  5. #5
    If you're not making or selling it as a toy, then I'd have to think you'd be safe. Wouldn't it be up to the person who bought it, be responsible for who gets their hands on it? I'm just thinking out loud here, but there's got to be some way to safely make something that is small?
    Len

  6. #6
    There are thousands of people out there selling rings and jewelry and spinny tops made from wood... any kid could eat those. It doesn't seem to stop any of those sellers. I've sold a lot of rings and never has this thought crossed my mind.

    Maybe it should have but it hasn't.

  7. #7
    Follow Ted's advice - from a retired attorney.

    Left click my name for homepage link.

  8. #8
    1.75" is the minimum size for any object where a choking hazard is the concern.

  9. #9
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    Emergency! Emergency! Call 911. Grapes are a choking hazard.

  10. #10
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    Thanks for everyone's responses. I had a feeling there would be no simple answer. I'm trying to figure out now if it's even worth pursuing this given the nature of lawsuits today.

    I should have made clear in my original post that I am not seeking binding legal advice as much as practical advice and personal experience. For instance I know many people produce things like finials that do not meet the child choking hazard recommendations. These items are not meant for children but could end up in the hands or mouths of children. Do you feel that this distinction protects you? Do you include a "This is not a toy . . ." statement on your labels? Every standard I've found is directed at products intended for children whereas mine is a decorative ornament. I sold wine stoppers the are definitely in the choking hazard size range but are not meant to be used by children outside Napa valley.

    I'm looking into legal advice but don't have much hope that it will be free. I'm mostly retired but do some small things like web site help. I also sell the occasional painting or turning and I generally expect compensation, so I expect to compensate an attorney as well. Meanwhile I know my concern isn't unique or unusual so I expect there is good advice to be had regarding the choking issue in general if not my product in particular.

    I'm trying to find a site that also had recommended labels for hazards by age although most labels are for children under 3.

    https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Small-Parts-for-Toys-and-Childrens-Products


    Choke test cylinder

    David, I've seen this guidance and the 1.75" standard it seems is mostly for balls.
    RD

  11. #11
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    Quote Originally Posted by Art Mann View Post
    Emergency! Emergency! Call 911. Grapes are a choking hazard.
    One grandson here has choked on grapes. We have to cut them in half or less.

    JKJ

  12. #12
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    Right! In my view, it is the responsibility of parents (or grandparents) to look after their children so they don't choke. If grapes weren't in widespread use, they would probably already have been banned.

  13. #13
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    Like I said, GO SEE AN ATTORNEY. Quit "guessing" about you can and cannot do.

    But, instead of "guessing" and relying on the opinions of others, mine included.....GO SEE AN ATTORNEY.

    Attorneys for the most part are good people contrary to what you see on TV and read on the internet. If you establish a relationship with one it will yield rewards in the future. And no, like I said, I am not an attorney.

    Are you the type of person that when something is hurting you refuse to go see a doctor? You are worrying about this issue and have decided you will not seek legal help, instead you log onto the internet to listen to every Joe Blow's worthless opinion. Why wouldn't you seek a definitive legal opinion? Having more fun worrying about it?

    How would you know if it is "worth" pursuing since you are not even willing to talk to an attorney to put your mind at ease? How do you make a decision? What? You going to think "Oh, well, it could PROBABLY get me in legal trouble, so there, I have my answer!" Sounds to me like you really do not want to do it, you are creating a handy excuse. Why do you waste everyone's time with this nonsense?

    What is "looking into seeking legal counsel"???? You call up an attorney's office. There is no "looking into". They are in the phone book.

    Here is what you do, dial the number....

    ring:::ring:::: Hello, Stabem & Slamum....may I help you?

    Yes, I am seeking some legal advice on a small matter....

    Please hold....

    Hello, Attorney Grabem, how may I help you?

    Hi, I am thinking of making small widgets that are used for .......they are not a child's toy nor will they be marketed as one...should I get insurance to protect in case of a personal injury lawsuit involving a child?

    Attorney....(one of two things happen here, he either tells you, no, do not worry, and thanks for calling, OR, he sets up an appointment to double check. A lot of attorneys these days will do that first appt for free.

    So just do it and quit whinging about it.
    Last edited by Ted Reischl; 06-20-2017 at 8:48 PM.

  14. #14
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    I'll humbly disagree with the advice to seek the opinion of an attorney for the simple reason that it will be just that... an opinion. Unless you can find an attorney that will indemnify you against choking related claims(you will not), the legal opinion will not prevent legal action against you. Why waste your time and potentially your money?

    I respect your concerns about potential hazards, and I agree with David D about the 1.75" or greater being a reasonable threshold.

  15. #15
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    Ted I'm sorry you felt the need to be so uncivil in your response. You seem to be very angry. If you feel this thread is a waste of time then don't read it. Simple.
    RD

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