A recent recall involved certain bottles of Triaminic and Theraflu
the popular cold and allergy syrups. These items were being recalled because the child resistant caps were known to fail and cause injury
. Child resistant caps serve a vital function with types of products.
Primarily the prohibit or prevent the child from inadvertently opening the cough syrup and digesting large quantities. This can be prove to be fatal if the child consumes large doses and is of a young age. Second, these child resistant caps prevent the swallowing and choking on these types of plastic caps, which can cause death.
If the product fails to perform in the manner it was intended, then it is considered a defective product. Manufacturers, distributors and wholesalers will be responsible in a defective product lawsuit. Even if the product was subsequently recalled, the manufacturer will be responsible for subsequent injuries suffered as a result of the injury.
Products can be defective for a number of reasons. This includes defective design, manufacturing or failure to warn. This error will likely be considered a defective manufacturing issue since it does not apply to every bottle manufactured by the company. Manufacturing errors can happen for a number of reasons and are not always applicable to every type of product.
Consumers should take extra precautions when using these bottles in order to avoid harm. Particular care should be made if the product is being used by a child with the potential of swallowing the cap. The manufacturer Novartis has issued a recall notice on its website with impacted bottle numbers. You are encouraged to identify your bottle number to make sure it is not potentially defective.
Personal injury lawyers at Downtown L.A. Law can be contacted at (888) 649-7166