On March 18, 2020, Belle Chemical issued a recall for the 100% Sodium Hydroxide Drain Cleaner. According to the recall (number 20-094), the product contains sodium hydroxide; however, the label does not reflect the contents of the product. Specifically, the label violates the Federal Hazardous Substance Act (FHSA) because it omits the word “poison” as well as the mandatory hazard statement required on the front of the packaging.
The recall has affected approximately 6,400 products. The sodium hydroxide drain cleaner was sold in a 2-pound plastic bottle (white) with a child-resistant closure; the label was red and black. On the label, Belle Chemical, Sodium Hydroxide, as well as 100% Sodium Hydroxide Drain Cleaner are all printed on the label. The products were sold from February 2017 to January 2020 ranging from $5 to $8; they were sold online via Bellechemical.com, Etsy.com, Jet.com, Bonanza.com, Ebay.com, Walmart.com, and Amazon.com.
According to the recall, no incidents have been reported. However, the company is urging all consumers to store the affected product out of the reach of children; the company is also offering a free replacement label for the products.
Should you contact the company for a free replacement label? The answer to this question depends on whether you and your family were directly affected by the defective product. If no harm came from the defective product, you should contact the company for a free replacement label. However, if your child suffered poisoning associated with the defective product, you should not agree to a free replacement label. Instead, you should explore the possibility of filing a lawsuit against the company.
Depending on the details surrounding the incident and the harm that your child suffered, you might have grounds to file a product liability lawsuit. You could hold the company liable for the harm that your child suffered. If you would like to learn more about your right to file a product liability claim after your child suffered harm associated with a defective product, do not hesitate to contact our law firm at your earliest convenience.
The product liability experts at Normandie Law Firm are ready to evaluate your claim and provide you with the guidance that you need to file a successful claim outcome. Our knowledgeable attorneys are dedicated to helping victimized consumers hold negligent companies liable for the harm caused by defective products. If you are ready to discuss your situation with the experts at our firm, do not hesitate to contact us today.
The Poisoning Risk Associated with the Product
The FHSA required hazardous products to have appropriate labeling; the precautionary labeling on potentially dangerous products is supposed to ensure that consumers have information relevant to the proper storage of the product as well as first aid requirements in the case of an incident. As mentioned above, the recalled Belle Chemical Sodium Hydroxide Drain Cleaner violates the FHSA. Because there is nothing on the label that states that the product can be poisonous, consumers could unknowingly fail to keep the product away from children.
Some of the symptoms associated with sodium hydroxide poisoning include the following:
- Difficulty breathing
- Swelling of the throat
- Sneezing
- Inflammation of the lungs
- Vomiting (can be bloody)
- Severe pain in the abdomen
- Diarrhea
- Blood in stool
- Internal burns in the esophagus and stomach
- Drooling
- Loss of vision
- Pain/burning in the tongue, lips, ears, eyes, or nose (typically severe)
- Pain in the throat
- Shock
- Collapse
- Low blood pressure
- Change in blood pH levels
- Skin irritation
- Hives
- Burns
- Holes in skin (or tissue under skin)
The specific symptoms suffer will depend on the exposure to the product. For instance, if the product is inhaled, the victim is likely to suffer more respiratory symptoms. If the product is ingested, the victim is likely to experience vomiting, abdominal pain, diarrhea, and internal burns, for instance. If the product was exposed to the skin, the symptoms suffered could be limited to skin irritation, burns, and hives, for instance. Whatever the case, these symptoms can be severe and require immediate medical attention.
Most consumers do not know that they could hold companies accountable for the harm suffered because of defective products; because of this, many companies get away with releasing defective products to the public without facing any consequences. However, consumers could hold companies accountable based on product liability.
Based on product liability, all companies owe their consumers a duty of care. Companies have the duty to ensure that their products are completely safe for their consumers to use. They must ensure that their products are free of any defects that could potentially harm their consumers. When they fail to ensure the safety of their products, they are breaching their duty of care. They are failing to identify and address the hazards present in their products and are negligently making their defective products available to the public. When defective products are made available to the public, they can contribute to incidents which can directly result in harm. When the harm that a consumer suffers can be directly attributed to a product defect resulting from a breached duty of care, the company could be at-fault based on product liability.
If a defect in labeling, manufacturing, or design is present and directly contributes to the harm a consumer suffers, the company could be sued. With the assistance of a product liability lawyer, consumers could file product liability lawsuits and recover the compensation that they are owed. For more information about your right to file a product liability claim, do not hesitate to seek legal assistance with our experts today.
Could I Be Compensated?
If you have already considered the possibility of filing a product liability lawsuit, you might have already asked yourself questions about whether you could recover compensation. Are you and your family entitled to monetary compensation? If so, how much compensation could you be eligible to recover? Further, what type of compensation could you be awarded? The type and amount of compensation that you could recover depends strictly on the details surrounding the claim. Although every claim is different, some of the compensation available for recovery could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
- Property damages
Regardless of the type and amount of compensation that you are eligible to recover, you can trust that the experts at our firm are ready to fight for your right to recover the maximum amount of compensation available for your claim. Our lawyers will never settle for less; they will aggressively negotiate with companies or even take the claim to trial to ensure that our clients are rightfully compensated. Would you like to learn more about the type and amount of compensation that you could be eligible to receive? If so, do not hesitate to contact our firm today.
The Statute of Limitations
Although the circumstances surrounding the incident might give you and your family the right to sue, you could – unfortunately – lose our right to sue if you fail to act on time. This is because all claims are subject to strict deadlines established by a statute of limitations. If claimants do not file their claims by the time allowed by the statute of limitations, the right to sue will be lost. Because of the risk of losing the right to sue, it is essential that you have a through understanding of the deadline that applies to your claim.
In California, a product liability claim is typically subject to a two-year statute of limitations. This means that claimants interested in filing product liability claims only have two years to file. However, exceptions could apply. One important exception is relevant to the age of the victim. If the victim is a child, the statute of limitations is tolled until the victim reaches an adult age (typically eighteen).
For more information about the deadline that could apply to your product liability claim, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers are ready to provide you with the information necessary to ensure that you file your claim on time. If you are ready to speak with our attorneys, do not hesitate to contact our law firm today.
Important Steps to Consider
Unfortunately, it is common for consumers to suffer harm because of defective products. Even though consumers are harmed frequently, there is a lack of information surrounding the important steps that consumers should take after being harmed. Consider the following suggestions for consumers:
- Seek medical attention immediately
- Take photos of any physical injuries
- Take photos of the defective product
- Contact the company to report the defect (and the incident suffered)
- Do not agree to a return, a replacement, or a refund
- Speak to witnesses (and gather their contact information)
- Collect all medical records relevant to the incident
- Gather records associated with the purchase of the defective product
- Seek legal assistance from an experienced product liability lawyer immediately
Following the recommendations listed above is important as doing so allows affected parties to gather the tools necessary to prepare to file a claim. For more information about the steps that consumers should follow after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to provide you with the guidance that you need throughout the entire process. Contact our firm today.
Contact Normandie Law Firm Today
Did your child suffer poisoning associated with a defective product? If so, you might have grounds to pursue a defective product claim; depending on the situation, you might even have grounds to recover monetary compensation for the harm that your child suffered. If you would like to explore the possibility of filing a product liability claim, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. At Normandie Law Firm, we are committed to providing our clients with the appropriate representation and reaching a successful claim outcome.
At our firm, we offer free legal services; this allows us to remain accessible to all. Our free legal services include both free consultations and free second opinions. During these free legal services, our lawyers will be available to answer your questions, address your concerns, and provide you with the information that you need to reach a successful outcome. If you are ready to benefit from our free legal services, do not hesitate to contact our firm today.
We also offer a Zero-Fee guarantee that ensures that clients will not have to pay any upfront costs for any of our legal services. Our clients will actually not be responsible for any legal fees until after reaching a successful outcome due to our contingency structure; when you win, all fees will come from the compensation that you recover, meaning that there will be no out-of-pocket costs. If you are ready to discuss your defective product claims with the experts at our firm, do not hesitate to contact us today.
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