In the past week, news broke about a little girl, just three years of age, who died tragically from choking. This wasn’t a neglectful family, a girl left on her own, an accident waiting to happen. No. It happened with a parent and staff around in a public place in the evening in an Asda in Liverpool.

The girl, like many kids do, had been chewing her sports jacket / cagoule when the zip toggle came loose. She then choked to death on it with first-aiders and parents unable to save her. She swallowed the toggle just before 9pm, but just an hour was pronounced dead.

Utterly tragic.

We all know, as parents, that young children, when teething or simply exploring their new world, like to bite and taste things that shouldn’t be bitten or tasted. We’ve heard all too often tragedies of children swallowing magnets and magnetic batteries from toys and remote controls, but, at DSL Consulting, this is the first we’ve heard of a child dying from a piece of clothing.

Now you might argue that all manufacturers have a duty of care to design and produce items that cause death and it’s a duty we’d endorse. The problem is, as consumers, if you just take a cursory glance around your own home or supermarkets or shops you visit, there is a minefield of potential calamities.

How many of us have wireless AirPods or ear buds left on worktops? What about coins in drawers? What about items of clothing? Or remote controls sitting in easy reach of curious hands and eyes in playrooms and lounges?

We’re not sure homes or businesses can entirely eradicate tragic events like this one in Liverpool.

Are you?

What we do know, looking at it from a manufacturer angle, that you have to adhere to Product Safety Standards – the OPSS policy can be viewed here. This policy is not set in stone and is actually reviewed every two years by the government.

Point 4.2A makes it clear what actions can occur for non-compliance:

Officers have the power to enter business premises, inspect and test products and equipment; to examine documents; to purchase goods, including for testing; to require information; to seize products and documentation; and to serve notices for investigation purposes.

The grey area in this tragic case is arguably about whether it could have been foreseen.

General Product Safety Regulations 2005 ensures all products intended for or likely to be used by consumers under normal or reasonably foreseeable conditions are safe.

Should a coat, for a 3 year old child, be designed with the risk of swallowing a toggle in mind? Given that children bite and chew clothing and toys, was the event foreseeable?

There’s no doubt that whilst the parents and family come to terms with their tragic loss, there will be further action taken about the choking.

BS7907 is the standard for clothing recommendations and we’ll end this article with some local government guidance:

Any small parts that have been attached to the garment must be secure (not detach at less than 70 Newtons, which is a force of approximately 7kg) to avoid becoming a choking hazard. Small parts are very dangerous to children under 36 months. Items to bear in mind include; any buttons, beads, bows, tassels, pom-poms, sequins, diamantes, fasteners and labels.