Why New Jersey Restaurants Need Anti-Choking Devices

Choking incidents are a leading cause of injury and death, especially among children and the elderly—at home and in public places, including restaurants. The National Safety Council reports that in 2024, there were 5,923 choking deaths in the United States, and the National Institutes of Health states that choking is the fourth leading unintentional cause of death in the U.S.

New Jersey restaurants need to have anti-choking devices on the premises as an important proactive measure to protect the public from this dangerous hazard and the restaurant from personal injury claims.

Importance of Choking Hazard Prevention

Choking is a medical emergency. As noted above, people could die if the food lodged in the airway is not cleared quickly enough and oxygen flow is impeded to the lungs and brain. They can also suffer short-term or lasting injuries, ranging from hoarseness and throat irritation to persistent trouble swallowing, an increased risk of aspiration pneumonia, lung infection, hypoxic brain injury or death.

Staff training and education on choking hazard prevention, such as teaching how to administer abdominal thrusts, are critical for delivering prompt attention to the patron—and avoiding serious personal injury. In New Jersey, restaurants are required to conspicuously display choking prevention posters on their premises. 

How a Choking Emergency Can Cause Brain Injury or Death

When oxygen is prevented from reaching the lungs and brain for more than four minutes, as can happen during a choking emergency, a brain injury or death can follow. If you are dining out with a young child (ages 1 to 5) or a senior, please be aware of some reasons why they are at higher risk of injury:

• Young children are still mastering safe chewing skills (chewing the food completely into easy-to-swallow pieces) and their swallowing coordination while eating and breathing while eating is still developing. They also have small airways, so food can easily get caught in the airway accidentally. 
• In older adults, weaker muscles in the mouth and throat present swallowing challenges, poor condition of one’s teeth can prevent the proper breakdown of tough or large pieces of food, and medications may cause dry mouth, making it harder for food to slide down the esophagus, as do certain health conditions.

What Are Anti-Choking Devices?

Anti-choking devices (also called choking rescue devices) are small hand-held tools specially designed for backup use during choking emergencies, when back blows and abdominal thrusts fail to dislodge the stuck food. 

An anti-choking device has a clear face mask that resembles one used on a CPAP machine and is attached to a vacuum pump. Some models have a push button to activate the suction, others are manual; none require batteries or a power supply. The pump uses suction to extract the food stuck in the airway. They are modest in cost.

Are Restaurants in New Jersey Must Have Anti-Choking Devices?

While no legislation yet dictates them for restaurants, standard practice in the industry requires that they be onsite. Texas and New York City have passed laws requiring public schools to keep a suction‑based anti‑choking device on site as a secondary tool. 

The Case for Preparedness

Restaurants in New Jersey need to lead the way regarding choking rescue devices. Having these compact, low-cost devices in the house can reduce the risks associated with this medical emergency and potentially save lives. In 2024, the American Red Cross added anti-choking devices as a recommended secondary option when standard choking first aid fails. 

As backup to primary first aid protocols, these tools are an easy-to-use way for restaurants to be better prepared to help customers during a choking emergency. They also signal the restaurant’s commitment to its customers’ safety and well-being while dining. 

When a Restaurant’s Failure to Respond Leads to Legal Claims

People dining out expect to do so safely. Restaurants have an obligation to protect customers and should follow emergency protocols: call 911 immediately, train staff in how to execute and offer first aid (abdominal thrusts and back blows), clear the area to allow emergency responders to work, and use an anti-choking device if primary first aid is not successful. Failure to follow these steps constitute restaurant negligence. choking. 

Talk to a New Jersey Attorney About a Choking Injury or Wrongful Death

If you or a loved one has suffered a choking injury at a New Jersey restaurant, or you believe a family member has suffered a wrongful death because of the incident, you may have grounds for a personal injury lawsuit. If so, it’s important to speak to a New Jersey personal injury attorney. Contact Britcher, Leone & Sergio to learn more.