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Does Change in Texas Law Change Liability Standards?

May 16, 2011

For many Texans, the answer to a victim with an airway obstruction – most commonly, a fellow diner who chokes on food – is the Heimlich maneuver. In fact, for the last 22 years Texas law has required that restaurants display a poster advising customers and workers how to proper perform the life-saving procedure. However, Texas law is expected to soon change. In keeping with new American Red Cross standards, the new preferred technique is to slap a choking victim on the back repeatedly, up to five times.


Some restaurant owners and would-be good Samaritans are asking: should I still follow the decades-long advice of using the Heimlich maneuver? If the old poster remains hanging in the restaurant, should I adhere to posted instruction? Will I be held legally responsible for any harm stemming from the use of the older, “wrong” technique?


These are all good questions. If you want to know their answer, contact the personal injury law experts at Fears | Nachawati. As the law changes, we can provide you with the advice and direction you need. Call us at 1.866.705.7584 or send an email to Let us help you!


Use the form below to send us a note, call us at 214.890.0711 or chat with us live. We are eager to help with your legal needs. Please keep in mind that any unsolicited information sent through our website cannot be treated as confidential. Contacting us through this site does not create a representation relationship with Fears Nachawati.

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