On March 18, 2020, Earthroma issued a recall for their Wintergreen Essential Oil. According to the recall (number 20-722), the product contains methyl salicylate – a substance that must be contained in child-resistant packaging according to the Poison Prevention Packaging Act (PPPA). Because the packaging of the Wintergreen Essential Oil is not child-resistant, any children who gain access to the contents of the product face a significant poisoning risk.
According to the recall, approximately 140 products have been affected. The products were available in amber bottles of 5 mL, 15 mL, and 30 mL. The label on the product is white and green; the Earthroma logo can also be found on the logo.
The recalled essential oil was available online from Earthroma.com from April 2016 to May 2019; they were sold for prices ranging from $7 to $14.
The company claims that no incident or injuries have been reported. They are urging consumers to immediately store the essential oil in a safe place out of the reach of children; they are also recommending that affected consumers contact them for a free replacement cap. Earthroma is contacting all known purchasers directly.
As mentioned above, Earthroma claims that there have been neither incidents nor injuries associated with the defective products. However, it is possible that there have been unreported incidents/injuries. Did your child suffer poisoning associated with the defective product recently recalled by Earthroma? If so, you should explore the options available to you.
Instead of contacting Earthroma for a free replacement cap, you should seek legal assistance immediately. Depending on the details surrounding the incident and the harm your child suffered, you might have grounds to sue. Specifically, you might have grounds to file a product liability claim against Earthroma.
Are you interested in learning more about the possibility of filing a product liability lawsuit against Earthroma for the harm that your child suffered? If so, do not hesitate to seek legal assistance with the defective product attorneys 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 Earthroma accountable for the harm that your child suffered.
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our knowledgeable attorneys are ready to evaluate your claim and provide you with the guidance necessary to reach a successful claim outcome. If you would like to discuss your claim with the experts at our firm, do not hesitate to contact us at your earliest convenience. Our defective product attorneys are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome.
Understanding the Risk of Poisoning
As mentioned above, the packaging on the recalled product fails to meet PPPA guidelines. The packaging is not child resistant and poses a significant risk of poisoning. The PPPA was implemented with the purpose of reducing the number of child deaths associated with toxic products/substances in the household. According to the PPPA, product packaging must be designed or constructed to be difficult for children under five-years-old to open. The Earthroma product that was recently recalled was not compliant with the PPPA; therefore, there is a significant risk that a young child could access the product and become poisoned.
Methyl salicylate could cause a number of symptoms in young children. It could cause irritation of the eyes, loss of vision, swelling of the throat, and ringing in the ears, for example. It could also cause respiratory problems, including rapid breathing and difficulty breathing. Confusion, deafness, drowsiness, dizziness, headache, seizures, and fever have also been associated with exposure to the substance. Some of the more serious symptoms include kidney failure, low blood pressure, collapse, and coma.
About Product Liability and the Right to Sue
All consumers should be aware of their right to sue after being harmed by a defective product. Affected consumers have the right to sue for the harm associated with a defective product because of the concept of product liability. What is product liability? Based on product liability, all companies owe their consumers a duty of care – specifically, the duty to ensure that all their products are completely safe for consumers to us. When companies fail to ensure that their products are safe and have no defects in design, labeling, or manufacturing, they are breaching their duty of care towards their consumers and putting them at risk of harm. Whenever a consumer suffers harm associated with a defective product, the company could be held accountable for negligently failing to identify and address the hazards present in their products.
What does this mean? This simply means that affected consumers could hold these negligent companies accountable for the harm associated with a defective product. Injured consumers could pursue product liability lawsuits against negligent companies and potentially recover monetary compensation. If you would like to learn more about product liability and your right to sue, do not hesitate to contact the experts at our law firm at your earliest convenience.
Compensation Available for Recovery
As mentioned above, you might have grounds to sue and even recover monetary compensation if your claim is successful. Depending on the details surrounding your claim, you could recover significant monetary compensation for the harm that your child suffered. How much could you be eligible to recover? The type and amount of compensation available for your claim will always be based on your claim; however, it is important for all claimants to be familiar with the different categories of compensation often available for recovery.
Consider the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
- Legal fees
For more information about the type and amount of compensation that you could be eligible to recover, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our lawyers are ready to aggressively fight for your right to recover the compensation that you deserve.
Important Steps to Consider
If your child suffered harm associated with a defective product, such as the recalled essential oils, it is essential that you take the necessary steps to prepare to pursue a claim against Earthroma or any other company that contributed to the harm suffered. What should you do? Whenever consumers are affected by defective products, they should do the following:
- Seek medical attention immediately
- Photograph all physical injuries before and after treatment
- Photograph the defective product
- Keep the defective product as-is in a safe place (do not tamper with the defective product in any way)
- Contact the company to report the incident, the harm suffered, as well as the defect present in the product
- Gather all medical records associated with the harm suffered
- Gather all documents relevant to the purchase of the defective product
- Speak to any witnesses present at the time of the incident
- Seek legal assistance immediately
Following the different steps listed above allows you to gather the tools necessary to eventually pursue a claim. If at any point you are unsure of what you should do next, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our product liability lawyers are ready to guide you every step of the way.
Did your child suffer poisoning associated with defective product packaging? If so, you might have grounds to pursue a claim against the company that contributed to the incident and the harm that your child suffered. Although the details surrounding the incident could make you eligible to pursue a lawsuit, you could lose your right to file a lawsuit under some circumstances. Specifically, if you fail to file your claim on time, you could lose your right to sue.
This is because all claims are subject to strict deadlines – or statutes of limitations. In California, personal injury claims like defective product claims are subject to a two-year statute of limitations. This means that claimant will only have two years to pursue their claims. Typically, claims are subject to a two-year deadline; however, exceptions could apply. Some details surrounding your claim (including the age of the victim) could toll the applicable statute of limitations.
To ensure that you have a thorough understanding of the total length of time that you have your product liability claim, do not hesitate to seek legal assistance with our defective product attorneys at your earliest convenience.
Contact Normandie Law Firm Immediately
Are you in need of legal assistance after your child was harmed as a result of the products recently recalled by Earthroma? If so, you might be in need of urgent legal assistance. If you are ready to discuss your current situation with our experts, do not hesitate to contact Normandie Law Firm today. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including defective product claims. Our product liability lawyers are ready to provide you with the legal assistance that you need to pursue your claim and reach a successful claim outcome.
Our firm offers free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to provide you with all the information necessary to reach a positive result. If you are ready to benefit from our free legal services, do not hesitate to contact us today. Our firm also offers a Zero-Fee guarantee to ensure that clients do not have to worry about upfront legal fees; our contingency structure also ensures that our clients will not have to pay anything until after reaching a successful outcome. To learn more about your right to file a product liability claim, contact us at your earliest convenience.
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