Personal InjuryDoes 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?

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