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Button Battery Lawyer

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Did your child swallow a button battery and get seriously ill?

Our legal team has helped families recover millions of dollars after children have unknowingly swallowed tiny batteries hidden in toys intended for children and other devices.
Every year, thousands of children are treated in U.S. emergency departments after swallowing or ingesting lithium coin batteries, or button batteries. Button batteries are small circular or cylinder single-cell batteries. A Swallowed Battery Lawyer at The Carlson Law Firm can help you file a Button Battery Lawsuit if your child has swallowed a battery. 
child choking on button battery

If you suspect your child has ingested a button battery, call 911 or seek medical attention immediately!

If you or your child were injured because of a button battery, call an Injury Lawyer from The Carlson Law Firm to discuss filing a Button Battery Lawsuit to recover medical expenses and other losses.

button batteries pose serious dangers to young children

Our lawyers have seen small children get access to button batteries through the following: 

  • Remote controls
  • Key fobs
  • Thermometers
  • Holiday ornaments
  • Calculators
  • Hearing aids
  • Bathroom scales
  • Cameras
  • Singing greeting cards 
  • Holiday ornaments
  • Flashlights
  • Electronic jewelry
  • Games and toys

This is not an exhaustive list of where button batteries can be found. As technology advances and devices get smarter—and smaller—button batteries are becoming more common in homes. 

facts about the dangers of button batteries

Button battery lawsuits can be filed against the maker and sellers of the battery as well as the company that designed the product the battery came in.

60% of button battery ingestion cases suffer serious erosive lining to the stomach.

Doctors no longer recommend waiting to see if the button battery passes.

A button battery lawyer will examine the cause of your injuries to determine the defect that led to injuries.

Even “dead” batteries can cause tissue erosion in less than two hours.

What is a button battery lawsuit?

A Button Battery Lawsuit is a type of case that exists when a child or other vulnerable person swallows a button battery and becomes sick. As noted above, these cases often involve severe internal injuries that require extensive medical treatment. The battery can get stuck in the esophagus and burn surrounding tissues, or the battery can move into the stomach and destroy the lining of the stomach. 

Why are button batteries so dangerous?

First, button batteries pose a danger to small children because they are similar in size to coins. This is where they get the alternate moniker coin batteries. Parents of young children know to keep coins and other small items out of reach. However, parents may give their child a toy or leave car keys on the coffee table without realizing button batteries are present.

Secondly, batteries can be extremely dangerous devices if improperly used or handled. They store chemical energy which then converts to electrical energy. Batteries are made up of toxic chemicals, including lithium, cadmium, sulfuric acid, and lead. Lastly, button batteries can also become lodged in a child’s nostril or ears. 

Additional button battery dangers include the following: 

  • Design. By design, these batteries are extremely slim, and where the current flows in and out are extremely close. As a result, a high current passes quickly through the body’s salty tissue. It is the electrical current that generates heat that can cause serious burns within two hours of swallowing.
  • Easily ingested. A child can swallow a button battery without choking or coughing. This means there may not be signs that your child ingested a battery until it causes more severe symptoms.
  • Dangerous with little to no charge. Even with little to no charge, lithium batteries can cause damage. This is why it is so important to properly dispose of these batteries once they no longer work.
  • Varied symptoms. A child who swallows a battery might be unlikely to tell anyone. For example, young children may not remember doing it, or they may be nonverbal. Older kids, on the other hand, are often reluctant to say anything for fear of getting in trouble.

 

What happens when a button battery is ingested?

According to texaschildrens.org, every three hours a child visits an emergency room after ingesting a battery. Even when they’re not powering a device, lithium batteries have strong currents and can pose serious danger. 

 

How do I know if my child has ingested a button battery?

Following ingestion of a button battery, a child might present the following:

  • Wheezing
  • Drooling
  • Coughing
  • Vomiting
  • Chest discomfort
  • Refusal to eat
  • Gagging when attempting to drink or eat

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Button Batteries are a Serious Health Risk to Small Children

Kids put things in their mouths for a variety of reasons. An infant’s mouth has more nerve endings than any other part of the body. The result? When a baby wants to know what something really feels like, they’ll stick it in their mouths. Children carry this need to explore with their mouths well into their second year. Childhood is a time when the world is new and everything deserves exploring. While this natural curiosity is good and should be encouraged, parents always have to be mindful of the dangers that exist within their child’s reach. Threats to your child’s safety can come in many shapes and sizes. As electronics get smaller, the batteries used to power them have also become choking hazards. You might not know it, but something as small as a button battery can actually cause serious injury and even death in small children.

What to Expect When Hiring an Attorney for a Button Battery Lawsuit

Button batteries, found in many household items, pose a significant risk to children if swallowed. When a child is injured due to a button battery, parents may decide to pursue legal action to seek compensation for medical expenses, pain, and suffering. Hiring an attorney to handle a Button Battery Lawsuit can be an essential step in navigating the complex legal process.

Here’s what parents can expect when working with a lawyer on such a case:

The first step in the legal process is an initial consultation with an attorney who specializes in product liability or personal injury cases. During this meeting, the attorney will gather information about the incident, the injuries sustained, and the circumstances surrounding the button battery ingestion. They will assess the merits of the case and advise whether pursuing a lawsuit is the best course of action. Parents can expect the attorney to ask detailed questions about the timeline of events, medical treatments, and any potential negligence on the part of manufacturers or caretakers.

Once the attorney agrees to take the case, they will begin the process of filing a lawsuit. This includes drafting a complaint that outlines the facts of the case, the legal reasons the manufacturer or another party is liable, and the damages being sought. After filing, the attorney will enter the discovery phase, where they gather evidence to support the claim. This can involve obtaining medical records, expert testimonies, product safety reports, and any previous complaints about the button battery product. The attorney may also work with medical experts to establish a clear link between the button battery and the child’s injuries.

After building a strong case, the attorney will typically engage in negotiations with the opposing party, which could be the manufacturer or their insurance company. The goal is to reach a settlement that adequately compensates for the injuries and damages. If a fair settlement cannot be reached, the case may proceed to trial. During a trial, both parties present their arguments and evidence before a judge or jury, who then decides the outcome. Parents should be prepared for a potentially lengthy process and understand that their attorney will guide them through each step, advocating for their best interests and aiming for the most favorable outcome possible.

By understanding these steps, parents can feel more prepared and supported when navigating the complexities of a Button Battery Lawsuit with the help of an experienced attorney.

 

How much does it cost to hire an attorney for a button battery lawsuit?

At The Carlson Law Firm, we handle Button Battery Lawsuits and most other personal injury cases on a contingency fee basis. This means there are no upfront fees, and we only get paid if we win your case or secure a settlement on your behalf. Our fee is typically a percentage of the compensation recovered. We encourage you to discuss the fee arrangement with us during your initial consultation to ensure full transparency and understanding.

FAQs: button battery Lawsuit

Compensation in a button battery lawsuit can cover a variety of damages, including:

  • Medical expenses (both past and future)
  • Costs of rehabilitation and therapy
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life


In some cases, punitive damages may also be awarded to punish the defendant for particularly reckless or negligent behavior.

A Button Battery Lawsuit is a legal action taken against a manufacturer, distributor, or retailer of button batteries or products containing them. These lawsuits typically arise when a child is injured after swallowing a button battery, which can cause severe internal burns and other injuries. The lawsuit seeks to hold the responsible parties accountable for the harm caused and to recover compensation for medical expenses, pain and suffering, and other damages.

It’s understandable to wonder about the responsibility of parents in preventing accidents involving button batteries. While parental supervision is indeed crucial, there are several reasons why companies can also be held accountable when a child is injured by swallowing a button battery:

  • Product Design and Safety: Companies have a responsibility to design products that are safe, especially when those products are likely to be used in homes where children are present. This includes designing battery compartments that are child-resistant and difficult to access.
  • Adequate Warnings and Instructions: Manufacturers and retailers must provide clear warnings and instructions about the dangers associated with button batteries. If these warnings are inadequate or not prominently displayed, the company could be considered negligent for failing to properly inform consumers of the risks.
  • Strict Liability and Product Defects: Under product liability laws, companies can be held strictly liable for injuries caused by defective products, regardless of how careful a parent might have been. If a product is found to be defectively designed, manufactured, or labeled, the company can be held responsible for any resulting injuries.
  • Reasonable Expectations of Use: Even with diligent supervision, accidents can happen. The law recognizes that products should be safe when used in a reasonably foreseeable manner. If a product poses an unreasonable risk of harm, the company can be held liable for injuries caused by that risk.
  • Shared Responsibility: Legal cases often consider the concept of shared responsibility or comparative negligence. While parents have a duty to supervise their children, companies also have a duty to ensure their products do not pose unnecessary dangers. Both parties can bear some level of responsibility, depending on the circumstances.


Holding a company accountable through a lawsuit is not just about assigning blame but also about seeking justice and compensation for the child’s injuries and encouraging safer product practices in the future.

Not necessarily. Many Button Battery Lawsuits are resolved through settlements before reaching court. However, if a fair settlement cannot be reached, your case may go to trial. Your attorney will advise you on the best course of action based on the specifics of your case.

Why are button batteries so dangerous?

Design

By design, these batteries are extremely slim and where the current flows in and out are extremely close. As a result, a high current passes quickly through the body’s salty tissue. It is the electrical current that generates heat that can cause serious burns within two hours of swallowing.

Easily ingested

A child can swallow a button battery without choking or coughing. This means there may not be signs that your child ingested a battery until it causes more severe symptoms.

Varied symptoms

A child who swallows a battery might be unlikely to tell anyone. For example, young children may not remember doing it, or they may be nonverbal. Older kids, on the other hand, are often reluctant to say anything for fear of getting in trouble.

How should I respond if my child has swallowed a button battery?

No matter where in the body the battery is, it can cause significant tissue damage that can lead to death. Researchers from the Children’s Hospital of Philadelphia, however, have found that giving honey can reduce injuries caused by a button battery at regular intervals until the child can be seen by a doctor. They warn that honey is not a substitute for medical attention. 

If your child or someone close to you swallows a button battery, the following steps might save their life:

  • Seek immediate medical attention. 
  • Do not wait to see if the button battery passes on its own. 
  • Do not induce vomiting.
  • Avoid giving them food or drink. 

While honey can help children over 12 months, researchers warned against using it if the esophagus is perforated. Further, children under one year should never be given honey because of the risk of infant botulism. 

How can I protect my child from accessing button batteries?

It’s important to note that any kind of battery can be swallowed. However, the small size of button batteries makes them far easier to swallow without a parent noticing. To avoid battery poisoning consider the following tips: 

  • Put car keys on a hook or countertop that small children cannot reach.
  • Avoid toys or games with small battery compartments for children in the mouth exploration stage. 
  • Search your home for gadgets that may contain coin lithium batteries and put them out of reach of children. 
  • Keep loose batteries secured and locked away from children.
  • Ensure that all battery-powered children’s toys have a screw on the battery compartment.
  • While singing cards usually aren’t powered by lithium batteries, it’s still best to supervise children when these types of cards are nearby.


How The Carlson Law Firm Can Help

We have successfully represented victims of button battery incidents. When filing a personal injury claim in Texas, one of the first and most important actions to take after an injury occurs is to enlist a knowledgeable lawyer who can help you file a claim.

At The Carlson Law Firm, we can provide a level of representation that has been given recognition with awards and accolades that can be used to your advantage. With the number of attorneys at our firm, we have the ability to provide the comprehensive representation you need for your case. For The Carlson Law Firm, each client is unique and each case should be handled uniquely. For personalized service with quality you can trust, contact our firm today!

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