On June 4, 2020, Tim Trading issued a recall for the Emori Wintergreen 100% Pure Essential Therapeutic Grade Oil. According to the recall, number 20-749, the product contains methyl salicylate, which is required to be packaged in child-resistant packaging. Because the product packaging is not child-resistant, it represents a poisoning risk to children (if swallowed). The recall has affected approximately 900 units.
The recall specifically includes the Emori Wintergreen Essential Oil available in a 10 mL amber glass bottle; the glass bottles have a black continuous thread closure. The bottles have a black label which displays the Emori logo, the product name, “100% Pure Essential Therapeutic Grade,” and the volume amount.
The recalled essential oils were sold online at EmoriBeauty.com as well as Amazon.com for approximately $7 each. They were available from September 2017 through March 2020.
The company claims that no incidents or injuries have been reported associated with the defective product; regardless, consumers are being urged to store the product in a place out of reach of children and contact the company for instructions on disposing the product for a refund or a replacement product. Affected consumers are being directly notified of the recall.
Should you follow the suggestions mentioned above? You should only follow the recommendations made by the company if the recall did not lead to any harm. What if the recalled product directly contributed to the harm that your child suffered? If your child ingested the essential oil and suffered poisoning, you should not follow any of the recommendations made by the company (other than storing the recalled product out of the reach of children).
What should you do? If your child ingested the wintergreen essential oil, your child likely suffered methyl salicylate poisoning. Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to file a claim – specifically, a product liability claim. Would you like to learn more about your right to file a product liability claim? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
You can trust the lawyers at Normandie Law Firm to provide you with the guidance that you need to file a product liability claim and hold the negligent company accountable for the harm that your child suffered. The product liability lawyers at Normandie Law Firm are ready to evaluate your claim and help you reach a successful claim outcome. If you would like to discuss your claim with the product liability lawyers at our firm, contact us today.
The Danger of Poisoning
The recalled wintergreen essential oils contain methyl salicylate, a substance which can be dangerous when ingested. Household products, such as essential oils, that contain dangerous substances are required to be in child-resistant packaging. When companies fail to keep potentially dangerous substances in child-resistant packaging, they are breaching their duty of care and putting consumers at risk. When children ingest the substance, they can suffer methyl salicylate poisoning, which can result in a number of symptoms.
Some of the symptoms of methyl salicylate poisoning include the following:
- Kidney failure
- Eye irritation (and, possibly, loss of vision)
- Tinnitus
- Throat swelling
- Low blood pressure (and, possibly, collapse)
- Respiratory issues, such as rapid breathing and difficulty breathing
- Headache, fever, and seizures
- Coma
- Agitation, hallucinations, and confusion
- Deafness, drowsiness, and dizziness
- Nausea and vomiting
If the poisoning is not addressed on time, it could be fatal. If your child suffered methyl salicylate poisoning, regardless of the specific outcome, do not hesitate to consider your legal options.
Understanding Product Liability and the Right to Sue
Based on the details surrounding the incident (and the harm that your child suffered), you might have grounds to sue – specifically, you might have grounds to file a product liability claim. Your right to sue will be based on the concept of product liability. Based on product liability, all companies owe their consumers a duty of care; that is, companies have the duty to ensure that their products are completely safe for their consumers to use. If they breach their duty of care towards consumers, they can fail to identify and address any defects present and their products – resulting in making defective products available to consumers. This puts consumers at risk of suffering harm. Whenever a consumer is directly harmed by a defective product, the company could be at-fault. Based on product liability, affected consumers could pursue claims to hold the negligent companies accountable. If you would like to learn more about product liability and your right to sue, do not hestiate to seek legal assistance with the experts at our firm immediately.
Recovering Compensation
Based on the details surrounding your product liability claim, you could recover monetary compensation for the harm that your child suffered. Could you be eligible to recover monetary compensation for the harm that your child suffered? If so, how much compensation could you recover? Although all product liability claims are different, 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
Would you like to learn more about the type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation.
What Should Consumers Do?
If your child suffered methyl salicylate poisoning, there are a number of things that you should do to ensure that you can pursue your claim against the company that negligently contributed to the harm suffered. Consider some of the recommendations mentioned below:
- Take photos of your child (he or she might look visibly ill)
- Take photos of the scene of the incident
- Take photos of the defective product
- Keep the defective product in a safe place, away from children
- Seek medical attention for the harm that your child suffered
- Contact the company to report the incident and the harm suffered
- Do not agree to a free repair or a free replacement
- Do not agree to dispose of the product
- Do not agree to return the defective product
- Speak to witnesses
- Gather any video footage of the incident
- Gather all medical records associated with the harm caused by the incident
- Collect purchase records associated with the recalled product
- Seek legal assistance immediately
If you would like to learn more about the steps that you should follow after your child suffered methyl salicylate poisoning associated with the recalled oils, do not hesitate to contact our experts immediately.
File Your Product Liability Claim On Time
Although you might have grounds to sue based on the concept of product liability, you could lose your right to sue if you fail to file your claim within the time allowed by the statute of limitations. This is because all claims – including product liability claims – are subject to a statute of limitations. A statute of limitations determines the total length of time that claimants have to sue. If claimants do not file their claims on time, they could lose their right to sue.
What deadline applies to your claim? In California, product liability claims are normally subject to a two-year statute of limitations. In other words, claimants only have two-years to pursue their claims. However, it is possible for exceptions for the statute of limitations to apply – exceptions that could toll or pause the time that claimants have to sue. In cases that involve children, for example, exceptions could apply; the statute of limitations could be tolled/paused until the victim reaches an adult age.
Would you like to learn more about the total length of time that you pursue your claim? If so, do not hesitate to seek legal assistance with our experts immediately to ensure that you have a thorough understanding of the time that you have to file your claim.
Contact Our Firm Today
Did your child suffer methyl salicylate poisoning? If so, you might have grounds to file a product liability claim against the company that made the defective product available for purchase. Would you like to learn more about your right to file a claim against Tim Trading? If so, do not hesitate to contact the product liability lawyers at our firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. If you would like to learn more about your right to pursue a claim against Tim Trading, contact our firm today.
At Normandie Law Firm, our lawyers are dedicated to helping all consumers who have been affected by defective products. To remain accessible to all consumers, our firm offers free legal services. Our free legal services include free consultations and free second opinions. During our free legal services, our lawyers will be available to answer all your questions and address all your concerns. Our lawyers will provide you with all the information necessary to reach a successful claim outcome. To benefit from our free legal services, do not hesitate to contact our firm today.
Our firm offers a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront fees for any of our legal services. Our firm is also based on a strict contingency structure, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.
Would you like to further discuss your claim with he experts at our firm? If so, contact us as soon as possible.
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