Child Chokes to Death on Pushpin at School—Parents File Wrongful Death Lawsuit

January 6, 2012 - According to reports a wrongful death lawsuit has been filed by the parents of a child that choked to death on a pushpin at school.

According to Danny Howell a wrongful death lawsuit was filed on Thursday naming the North County Oceanside Montessori School in San Diego, in the choking death of 3 year old Tyler Howell.

The three year old was attending the school in October when he choked to death after swallowing a pushpin.

Danny Howell stated that the state discovered a variety of violations at the school, including allowing their son to use the bathroom alone. This is where three year old Tyler found the pushpin, according to family members. Another of the violations was allowing hazardous objects to be where a child could reach them, which is where the pushpin was located.

According to family attorney David Casey items like pushpins are required to be stored properly. Casey went on to state that objects that could cause death to a small child should not be around them.

Danny Howell stated that the violations are what led to the death of his son. The father stated that he, his wife and two and a half year old daughter are taking things one day at a time and that their daughter cries calling out Tyler’s name.

Howell said that he doesn’t know how something good can come from this tragedy, but if they can help other parents, sisters and brothers from going through this, their son’s death won’t be in vain.

Both attorney Casey and the Howell family are working on state legislation that would ban pushpins from both preschool and kindergarten classrooms. The Howell family said they would like to see warning labels on boxes of pushpins, to keep them out of the hands of small children.

Attorney Casey stated that the amount of damages in the pushpin wrongful death lawsuit would be left up to a jury to decide.