On June 4, 2020, Simply Earth issued a recall for their Wintergreen Essential Oil. According to the recall, recall number 20-748, the recalled essential oils do not meet child-resistant packaging requirements (established by the Poison Prevention Packaging Act (PPPA). Because the products are not child resistant, they represent a poisoning risk to young children, who can access the product and ingest it. The recall has affected approximately 2,935 products.
The recall strictly involves the wintergreen essential oils in 15 mL amber glass bottles (with black caps). The bottles have a green and white label in which “Simply Earth” and “Wintergreen” are printed as well as the company logo and the volume amount. The affected products have UPC 816337020464 printed on the bottom of the outer packaging.
The recalled essential oils were sold online at SimplyEarth.com as well as in-sore at the Simply Earth Store in Wisconsin; the products were sold from September 2016 through September 2019 for approximately $12 each. According to the company, no incidents or injuries have been reported (however, it is possible that there have been a number of unreported incidents).
The company is urging all affected consumers to store the recalled product in a safe place out of the reach of children and contact them for a free replacement cap (specifically, a child-resistant cap). The company is contacting affected consumers immediately.
Should you follow the recommendations made by the company? You should only follow the recommendations made by the company if the recall was nothing more than an inconvenience to you and your family; that is, if the recalled product did not contribute to harm. What if the recalled product did contribute to the harm suffered? What if the recalled product caused your child to suffer methyl salicylate poisoning?
If your young child suffered harm as a direct result of a defective product, you might have grounds to pursue a claim. In fact, you could pursue a product liability claim. When consumers are harmed as a direct result of a defective product, they could hold the companies that released the defective product available accountable for the harm suffered.
Are you interested in learning more about your right to sue? If so, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. The experts at Normandie Law Firm will fight for your right to hold the negligent company accountable and recover the compensation that you are owed. Would you like to discuss your claim with the experts at our firm? If so, contact us today.
The Defective Product Could Lead to Methyl Salicylate Poisoning
The PPPA requires dangerous substances to be packaged in child-resistant packaging to reduce the risk of poisoning to young children. Because the recalled essential oils are not packaged in child-resistant packaging, young children can open the product and ingest the substance – which contains methyl salicylate. If a child ingests the substance, he or she could suffer methyl salicylate poisoning – which is associated with nausea, vomiting, seizures, headaches, fever, drowsiness, dizziness, deafness, agitation, hallucination, confusion, coma, respiratory issues, low blood pressure, tinnitus, eye irritation, loss of vision, and kidney failure, for example. Unfortunately, methyl salicylate poisoning can be fatal if it is not treated immediately. Even if treatment is quickly administered, the methyl salicylate poisoning could potentially cause permanent harm.
Understanding the Concept of Product Liability
Based on product liability, you could sue Capstone Holdings for the harm resulting from their Simply Earth Wintergreen Essential Oils. This is because, based on product liability, all companies owe their consumers a duty of care – specifically, a duty to ensure that their products are completely safe for their consumers to use. They must test and identify their products to be able to identify and address any hazards present in their products. However, companies can fail to do this; they can breach their duty of care and put their consumers at risk of suffering harm. In other words, companies can release their defective products and contribute to the harm that innocent consumers suffer. When this happens, companies could be held accountable – based on product liability. More specifically, consumers could pursue product liability claims against the at-fault companies. Would you like to learn more about your right to sue based on product liability? If so, contact the lawyers at Normandie Law Firm today.
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Suing and Recovering Compensation
If your claim is successful, you could be awarded monetary compensation. The type and amount of compensation that you could be eligible to receive will be strictly based on the details surrounding your claim; therefore, it is essential that you seek legal assistance immediately. Discussing your claim with an attorney will ensure that you have a thorough understanding of the value of your claim and the compensation that you could recover.
You could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost earnings (including past and future lost earnings)
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
Would you like to learn more about the type and amount of compensation that you could be eligible to receive if your product liability claim is successful? If so, do not hesitate to seek legal assistance with our experts immediately. Our product liability lawyers will fight for your right to recover the compensation that you are owed. If you would like to learn more about what you could recover if your claim is successful, contact us today.
What Steps Should You Follow?
If your child suffered harm associated with a defective product, there are a number of things that you must do to ensure that you can pursue a claim against the negligent company. If your child suffered methyl salicylate poisoning associated with the recalled oils, you should do the following:
- Take photos of your child (it is possible that your child appears to be ill)
- Seek medical attention immediately (prompt treatment is required to ensure the survival of your child)
- Take photos of the defective product
- Take photos of the entire scene of the accident (if possible, before any cleaning)
- Contact the company to report the incident and the harm that your child suffered
- Do not agree to return the defective product
- Do not agree to a free repair or replacement
- Do not agree to a refund or to store credit
- Speak to any witnesses to the incident
- Gather any video footage that captured the incident
- Gather all medical records surrounding the harm caused by the defective product
- Gather any records related to the purchase of the product
- Seek the expertise of a product liability lawyer as soon as possible
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
Filing within the Statute of Limitations
Without a doubt, you could sue based on the concept of product liability. Did you know that you could lose your right to sue? That is, you could lose your right to file a product liability claim if you do not file your claim within the appropriate length of time. This is because all claims are subject to a statute of limitations; the statute of limitations determines the total length of time that claimants have to file their claims. As previously mentioned, affected consumers that fail to file their claims on time could lose their right to sue.
What statute of limitations applies to your claim? In California, product liability claims are typically subject to a two-year statute of limitations, which gives claimants a two-year timeline to sue. However, certain exceptions could apply. If any exceptions apply, the statute of limitations could be tolled or paused for some time. Exceptions apply to all claims that involve injuries to children; specifically, the statute of limitations could be tolled or paused until after the victim reaches an adult age.
Would you like to learn more about the specific length of time that you have to pursue your product liability claim? If so, contact our firm as soon as possible. Our defective product attorneys are ready to help you file your claim on time.
Contact Normandie Law Firm Today
Are you thinking about pursuing a claim against Capstone Holdings for the harm caused by their Simply Earth Wintergreen essential oils? If so, you should seek legal assistance with the experts at our firm immediately to learn more about your right to pursue a product liability claim. At Normandie Law Firm, our attorneys are committed to providing all affected consumers with the guidance that they need to sue the companies that negligently make defective products available for purchase. If you would still like to discuss your claim with the defective product attorneys at our firm, contact us today.
The product liability lawyers at Normandie Law Firm are ready to evaluate your claim and guide you towards a successful claim outcome. Our product liability lawyers are ready to provide you with all the information that you need to pursue your claim – and eventually reach a successful claim outcome. To ensure that all claimants have access to our free legal services, our firm offers free legal services, which include free consultations and free second opinions. Would you like to benefit from our free legal services? If so, contact our firm today.
We offer a Zero-Fee guarantee, which ensures that our clients never have to pay upfront legal fees for our legal services. In addition, our firm offers a strict contingency structure; therefore, our clients will not be required to pay anything until after reaching a positive claim outcome. If you do not win, you will not be required to pay anything.
If you are ready to discuss your claim with the product liability lawyers at our firm, contact us immediately. Our lawyers will not rest until your claim is successful and you are rightfully compensated.
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