On October 22nd, 2020, 33,000 units of Rocky Mountain’s essential oils were recalled due to an error with the packaging. The contents are not child-proof because the bottle’s cap does not meet the standards of the Poison Prevention Packaging Act (PPPA). As a result, children can become poisoned or sustain other injuries.
The following bottles are involved in the recall. The product title is followed by the SKU number, the UPC code, and the lot codes.
Wintergreen – WINNEP-S15 – 0 53176 17688 8
2129, 2596, 2893, 3298, 3558, 3670, 3822, 3990, 11115, 60517, 80217, 300116, 310916, 420316, 471115, 651216, 820616, 941116
Pain Ease – PAINEA-B15 0 53176 17838 7
2068, 2429, 2724, 3393, 3865, 40416, 50117, 140216, 170217, 201215, 201216, 220317, 220717, 220916, 391016, 630616
Sports Pro – SPONEA-B15 0 53176 17879 0
2016, 2571, 3700, 4129, 10716, 80117, 150216, 211215, 640916
True Blue – TRUNEA-B15 0 53176 17889 9
2051, 2588, 2750, 3701, 3949, 3950, 11016, 100117, 190716, 290716, 441215, 550116, 701116
Relieve Me RELNEA-B15 0 53176 17854 7
2214, 2766, 3412, 3691, 4091, 30316, 110316, 250417, 351215, 380216, 401016, 641116, 801216, 960616, 991016
The oils were manufactured in Utah and sold online at RockyMountainOils.com. They were also sold on Amazon.com. They were in circulation from May 2014 through October 2020 for between $16 and $35.
It is recommended that parents place the bottles out of reach of children and contact the company for a replacement lid. Known customers are being contacted by the company. Fortunately, no injuries or incidents have been reported.Poisoning Injuries from Unsecured Bottles
Essential oils have exploded onto the market in recent years, and many people have bought the bottles in bulk. However, many of the oils contain hazardous or poisonous chemicals. The Rocky Mountain Oils products contain methyl salicylate, which is very harmful to children. If a child ingests the oil, he could suffer various intestinal problems and stomach issues. Swallowing these oils may lead to vomiting, nausea, diarrhea, ulcers, internal bleeding, and other illnesses. In the worst cases, allergic reactions and death can occur, especially if the oils are swallowed in large amounts.
If your child has ingested any essential oils, it is imperative that you call a center for poison control or take your child to the doctor to get treated. He may need to get his stomach pumped, take ipecac to throw up any hazardous liquids, or be given medication to mitigate the damages.
Filing a lawsuit against Rocky Mountain Oils requires that you prove that the company was negligent in some manner. Product liability claims can be filed if you can show that there was one type of error with the product. There are three possibilities, which are as follows:
Because the caps were not child resistant and did not meet the standards of the PPPA, it is safe to say that there was a design error with the caps. However, the factory could also have mistakenly attached the wrong types of caps. Either way, though, there is a clear error.
The first step that you should take in filing a lawsuit actually involves medical attention. You will need to take your child to the doctor to get medical help so that he can be treated appropriately. Do not take too long to go to the doctor – his health may worsen or the claim may become more doubtable. Further, be sure to hold on to all medical records and receipts from the visit.
Next, take any pictures of the injuries or the defective item. It will be good to have additional evidence as such.
Similarly, do not throw the item away, return it, or even receive a refund. If you do not have the oil anymore, it will be hard to prove that there was a defect with the cap.
If there were any people who saw your child drink the oil, you can add their testimonies to your claim. The eyewitnesses can show provide additional perspectives for your evidence.
You can produce copies of any receipts showing that you bought the oil. You may have a bank or credit card statement, or you may have an email proving that you purchased the oil.
It will be in your best interest to take legal action with the assistance of an attorney. If you do not file a lawsuit with legal experts, you may not succeed or get very far in the claim. Our attorneys can strive to win you the damages you deserve while you focus on tending to your child’s health. We will not stop until we are satisfied with the results of your case.Damages from a Lawsuit against Rocky Mountain Oils
The value of your lawsuit against Rocky Mountain Oils for injuries your child suffered from ingesting essential oils can be quite high, especially if the injuries were particularly affecting. The insurance agent will consider the extent and severity of the injuries, the impact they had on life and career capabilities, and more. If you were partially responsible for the incident, the value would actually decrease. We will see to it that you are given the maximum compensation available from the company, including coverage for the following:
If the company did not include a child resistant cap on the essential oils and your child suffered injuries, you should not be expected to cover those damages and expenses. We will strive to win you the coverage you deserve.
There is a statute of limitations of 2 years from the date of the injury to file a lawsuit for a defective product in the state of California. If you do not sue within that time period, you will not be allowed to receive any compensation. The statute of limitations lets victims gather evidence in a timely manner, but it also protects defendants from having to deal with claims years after the fact.
It is possible for the statute of limitations to be extended beyond the 2 year deadline. This is possible if the victim is under 18 years old when he was injured, which would let the statute start counting down when he turns legal age. Incapacitation of the victim can also lead to the statute being suspended, at least until the victim returns to health. Additionally, the defendant must be present; if he is not in California, the statute will be suspended until he returns.
Many individuals do not file claims on time and end up missing the statute of limitations on their case. They do not know there is a statute or try to file a claim entirely too late. Our attorneys will be able to file your claim on deadline and you will not miss the chance for compensation.Choosing Our Firm
The Downtown LA Law Group has handled numerous product liability lawsuits over the years. We have secured millions of dollars in compensation for victims and our success stories prove that. There is no case that is too difficult for our aggressive lawyers, and we won’t hesitate to go to court to defend you in front of a judge. Call us today if you wish to receive a free legal consultation to discuss your claim. There is no fee at all, and you can reach us 24 hours a day, 7 days a week.
We will also give you our zero fee guarantee on your case – you won’t pay us a dollar out of pocket, and we will only get paid if we win. If we lose, the fees will come from the settlement we bring to you by the company. Your finances will never be touched.
To sue Rocky Mountain Oils for injuries to your child due to a non-child-resistant cap on essential oils, call our law offices today.
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