On March 18, 2020, Earthsonnets issued a recall for their Wintergreen (Gualtheria procumbens) Essential Oil. According to the recall, number 20-725, the recalled product contains methyl salicylate – a substance that must be in child resistant packaging. The packaging of the Earthsonnets Wintergreen Essental Oil is not child resistant; therefore, it poses a significant risk of poisoning to young children (that might swallow the contents of the packaging). According to the recall, only about 20 units of the product have been affected.
The recall specifically involves the Earthsonnets Wintergreen (Gualtheria procumbens) Essential Oil available in a 10 mL amber bottle. The bottle has a black continuous thread cap as well as a euro-dropper. The product’s label is blue and white; it contains the company logo as well.
The defective products were sold exclusively via Earthsonnets.com from January 2016 to August 2019; the essential oils were sold for approximately $7 each. According to the company, no incidents or injuries have been reported.
The company is urging all consumers affected by the recall to immediately place the product out of the reach of children and contact them for a free replacement cap. The company is contacting known purchasers directly.
Should you follow these recommendations? You should only follow the suggestions of the company if no harm came from the defective product. What if your you and your family were affected directly because of the defective product? If your child suffered poisoning associated with the defective packaging of the recalled product, you might have grounds to take legal action against the company. Specifically, you might have grounds to pursue a product liability claim against Earthsonnets; if you would like to learn more about your right to file a defective product claim against Earthsonnets, do not hesitate to seek legal assistance with the experts at our firm today.
At Normandie Law Firm, our lawyers are ready to aggressively fight for your rights after being harmed by a defective product. We are not afraid to hold liable parties accountable for their negligent actions that contribute to the harm that innocent consumers suffer. If you are interested in learning more about your right to sue a company for the harm caused by a defective product, do not hesitate to contact our firm at your earliest convenience.
The Risk Associated with the Defect
The Poison Prevention Packaging Act (PPPA) requires hazardous substances to have child resistant packaging. The purpose of the PPPA is to reduce the number of incidents associated with children swallowing poisonous household products. As mentioned above, the recalled product violates the PPPA. The packaging is not child resistant even though the substance is dangerous. Because of this, young children can easily access the product. Depending on the amount of product swallowed or ingested, the symptoms that children experience can vary. Regardless, access to the toxic substance can be very dangerous for children – in some cases, it could be fatal.
Understanding Product Liability
If your child was harmed because of a defective product, it is essential that you explore your legal options. If the incident that harmed your child was caused by a defect in labeling, manufacturing, or design, you might have grounds to sue based on product liability. Based on product liability, all companies owe their consumers a duty of care. They have the duty to ensure that their products are completely safe to be used by their consumers. This means that they must test and inspect their products to be able to identify and address any hazards present in their products. If they fail to do so, they are breaching their duty of care towards their consumers; they are also putting their consumers at risk of injury.
Whenever a product defect directly contributes to the harm that a consumer suffered, the company could be held accountable. This means that the consumer could pursue a product liability claim against the company. For more information about product liability and your right to pursue a product liability claim, do not hesitate to seek legal assistance with the defective product attorneys at our firm at your earliest convenience.
You Could Sue and Recover Compensation
As mentioned above, you could sue based on product liability. If your claim reaches a successful outcome, you might be eligible to recover monetary compensation for the harm that you suffered. Could you really be eligible to recover monetary compensation? If so, how much compensation could you recover? What type of compensation could you be eligible to recover?
The type and amount of compensation available for recovery will always depend on the details surrounding your claim, but it could include some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
To learn more about the type and amount of compensation that you could be eligible to receive, do not hesitate to contact the experts at our firm at your earliest convenience. Our product liability attorneys are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. For more information, do not hesitate to contact the experts at our firm today.
What Should You Do?
If you or your child was harmed because of a defective product, there are a number of things that you should do to ensure that you prepare to hold the liable company accountable for the harm suffered. What should you do? Consider the following points:
- Seek medical attention immediately
- Take photos of any visible injuries
- Take photos of the defective product
- Contact the company to report the incident and the defective product
- Do not agree to a free repair, free replacement, or a refund
- Do not return the defective product
- Keep the defective product as-is in a safe place away from access to children
- Speak to witnesses and collect their contact information
- Gather all medical records relevant to the defective product
- Gather proof of purchase (receipts, email confirmations, etc.)
- Seek legal assistance immediately
For more information about the importance of following the steps listed above, do not hesitate to contact the experts at our law firm at your earliest convenience. Our lawyers are ready to guide you every step of the way.
The Statute of Limitations
Without a doubt, you might have grounds to sue if you or a member of your family suffered harm associated with a defective product. Did you know that you have a short length of time to pursue your claim? Were you aware that you could lose your right to sue if you fail to file your claim on time? This is because all claims are subject to a deadline – a statute of limitations.
What statute of limitations applies to your claim? In California, product liability claims are typically subject to a two-year statute of limitations. This means that claimants only have two years to file their claims; if they do not file on time, they will lose their right to sue. Although this is a strict deadline, it is important to understand that certain exceptions could apply. For example, in cases in which the victim is a child, the statute of limitations can be tolled until the victim reaches the legal adult age.
To ensure that you have a thorough understanding of the time that you have to file your claim, it is essential that you seek legal assistance with the experts at our firm immediately. Our lawyers will ensure that you file your claim on time.
Contact Our Firm Today
The experts at Normandie Law Firm are ready to evaluate your claim and provide you with the guidance that you need to hold Earthsonnets accountable for the harm that your child suffered. If you would like to explore the possibility of filing a product liability claim for the harm your child suffered because of the defective product packaging, do not hesitate to seek legal assistance with the product liability experts at our firm immediately. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims. Our lawyers are experienced in product liability law and are ready to provide you with the guidance that you need to pursue your claim.
If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact us at your earliest convenience. Our firm offers free legal services, including free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns; you will have access to all the information necessary to start or continue your claim against the liable company. If you would like to benefit from our free legal services, do not hesitate to contact our firm today.
To remain accessible to all affected parties, our firm offers a Zero-Fee guarantee – meaning that our clients will never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome.
To discuss your claim with our attorneys, do not hesitate to contact our firm today.
