On April 16, 2020, Dr. Adorable issued a recall for the Sweet Birch Essential Oils. According to the recall, number 20-731, the product contains substance methyl salicylate; this substance must be packaged in child resistant packaging (as required by the Poison Prevention Packaging Act). Because the product is not is child resistant packaging, children could access the substance, swallow it, and suffer poisoning. According to the recall, approximately 12 units of the product have been affected by the recall.
The recall specifically involves the 4.4 fl. oz. (144 mL) and 8 fl. oz. (240 mL) plastic, amber bottles with white flip-top lids. The bottles have a white oval-shaped label with the Dr. Adorable logo, the volume of the bottle, and the product name.
The defective essential oils were sold exclusively online via Amazon.com for about $17 each; the product was available from January 2020 through March 2020.
According to the company, there have been no incidents or injuries reported. The company is urging all consumers to store the recalled product in a safe place out of the reach of children; the company is also suggesting that consumers contact them for a full refund. All known purchasers are being directly contacted by Dr. Adorable.
As mentioned above, the company claims that no incidents or injuries have been reported. However, it is possible that there have been unreported incidents and harm associated with the defective product. Did your child suffer poisoning associated with the defective product? If your child suffered harm, should you simply contact the company for a full refund? If your child suffered harm, you should explore the legal options available to you – as you might have grounds to pursue a claim.
Specifically, you might have grounds to pursue a product liability claim. If you would like to learn more about your right to file a product liability claim for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. The product liability lawyers at Normandie Law Firm are ready to provide you with all the information that you need to hold negligent companies accountable for the harm caused by their defective products.
Understanding the Poisoning Risk
When children gain access to a dangerous substance due to the failure to ensure that the packaging is child resistant, they can swallow the substance and suffer significant harm. Depending on the amount of the substance that is ingested, the symptoms suffered can vary. Although children could survive the harm caused by the poisoning, the harm could be severe and be fatal in some cases.
Product Liability and Your Right to Sue
Do you have the right to sue if after your ch/h2ild suffered harm associated with a defective product? Based on the concept of product liability, you might have grounds to sue for the harm that your child suffered. How does product liability determine your right to sue? According to the concept of product liability, all companies owe their consumers a duty of care – companies have the duty to ensure that all their products are completely safe for their consumers to be used. Companies must test and inspect their products; this allows companies to identify and address the different hazards that could possibly be present in products. When companies fail to identify and address the hazards present in their products, they are breaching their duty of care and putting their consumers at risk of suffering harm. When consumers suffer harm associated with any defective product, the company that negligently made the defective product available for purchase could be liable.
Because companies could be liable for the harm caused by their defective products, affected consumers could pursue claims against the liable companies. Consumers could file product liability claims against the liable companies. For more information about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
What Should You Do?
If your child suffered harm associated with a defective product, there are a number of things that you should do to prepare to pursue legal action against the company that negligently made the defective product available for consumes. Without a doubt, it could be difficult to stay calm and act accordingly after your child suffered harm. What should you do?
Consider the following recommendations:
- Take photos of any visible harm
- Take photos of the defective product
- Seek medical attention immediately
- Contact the company to report the defect and all harm suffered
- Do not agree to return the defective product
- Do not agree to a free replacement or a free repair
- Do not agree to a refund
- Speak to witnesses if any were present
- Gather any surveillance footage that might have captured your accident
- Gather all medical records associated with the harm suffered
- Gather all records associated with the purchase of the defective product
- Seek legal assistance immediately
When you follow the recommendations listed above, you are gathering the tools necessary to prepare to pursue your claim. For more information about the recommended steps listed above, do not hesitate to seek legal assistance with the exerts at our firm at your earliest convenience.
You Could Recover Monetary Compensation
Was your child harmed by a defective product? As already explained, you might have grounds to sue based on the concept of product liability. Depending on the details surrounding your product liability claim, you might be eligible to recover compensation for the harm that you suffered.
Could you really be eligible to recover compensation? If so, how much compensation could you be awarded? What type of compensation could you be eligible to recover? Based on the details surrounding your claim, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Without a doubt, recovering monetary compensation cannot reverse the harm that your child suffered due to the defective product. However, it can help you and your family move past from such a traumatic time in your life. If you would like to learn more about the type and amount of compensation that you could be eligible to recover if your claim reaches a successful outcome, do not hesitate to seek legal assistance with the experts at our firm immediately.
Our product liability lawyers are ready to aggressively fight for your right to recover the compensation that you are owed. When you allow our attorneys to handle your claim, you can be certain that the experts at will help you recover the highest amount of compensation available for your claim. For more information regarding the type and amount of compensation that you could be eligible to receive, do not hesitate to contact the experts at our firm immediately.
How long do you have to pursue your claim? Typically, the parties interested in pursuing claims for the harm that they suffered have a limited length of time to take legal action. This is because all claims are subject to a statute of limitations. A statute of limitations determines total length of time that claimants have to pursue their claims. If claimants fail to file their claim within the time allowed by the appropriate statute of limitations, they could lose their right to sue.
What is the deadline that applies to your claim? In California, personal injury claims – which includes product liability claims – are subject to a two-year statute of limitations. In other words, claimants only have two years to pursue their claims. However, exceptions can apply based on the details surrounding the incident. Specifically, in cases where the injured party was a child, the applicable statute of limitations could be tolled or paused until the victim reaches an adult age. In other words, if the victim’s parents choose not to pursue a claim, the victim could eventually pursue their claims independently.
To ensure that you have a thorough understanding of the statute of limitations and any exceptions that could apply to your claim, do not hesitate to contact the experts at our firm immediately. Our lawyers are ready to guide you and help you file your claim on time.
Contact Normandie Law Firm Today
Was your child harmed as a result of the defective essential oils recalled by Sweet Birch? If so, you might have grounds to pursue a product liability claim against the company. Depending on the details surrounding the incident and the harm that your child suffered, you might have grounds to pursue a product liability claim. If you would like to learn more about the possibility of pursuing a product liability claim against Sweet Birch for the harm that you child suffered, do not hesitate to seek legal assistance with the experts at Normandie Law Firm at your earliest convenience. The lawyers at our firm are ready to aggressively fight for your rights as a consumer. If you are ready to discuss your claim with the product liability lawyers at our firm, do not hesitate to contact our firm immediately.
If you are interested in learning more about your right to sue after your child suffered harm associated with a defective product, do not hesitate to contact our firm at your earliest convenience. At Normandie Law Firm, our lawyers are dedicated to providing all affected parties with the information and guidance necessary to reach a successful product liability claim outcome. When you contact our firm, you will find that we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – our defective product lawyers are ready to help you start or continue your claim. If you are ready to benefit from our free legal services, do not hesitate to contact our firm today.
Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; this means that our clients will not be required to pay any legal expenses until after reaching a successful claim outcome – if you do not win, you will not have to pay anything.
