Case closed in Fort Plain liquid nicotine death

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zoiDman

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If they win this lawsuit, it will be a clear sign that everything is all ....ed up.

From the Times Union article...

Not knowing that Eli was going to be at the house, Belinda Hotaling left an uncapped bottle containing a nicotine solution on a low table in the dining room, police said. She was not home during the incident.

This may have some Relevance as to the Win-ability of a Product Liability Lawsuit.

Because the 1st Rule of CRP is that Child Resistant Caps do Not Work when they are Not Attached to the Container.

And it is Hard to Hold a OEM/Retailer responsible for Damages when provided CRP is Removed and or Not Replaced/Used.

What might be of Much More Importance is if the Original Container was Labeled with a Warning that the Contents could cause Harm or even Death if Swallowed.
 
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four2109

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I don't get the labeling concerns. Not that many toddlers are into reading, anyway.

Some of us are facing strict labeling legislation.

I would like to know if they transferred it to another bottle.
But it's true that if the bottle said 100 mg, they should have been aware of the hazard.
 

edyle

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I don't get the labeling concerns. Not that many toddlers are into reading, anyway.

It's for the purchaser/consumer.

The "KEEP OUT OF REACH OF CHILDREN" warning on many products is not there for toddlers to read, it's there for the purchaser/consumer who is buying the item to exercise reasonable caution with the product.
 

zoiDman

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It's for the purchaser/consumer.

The "KEEP OUT OF REACH OF CHILDREN" warning on many products is not there for toddlers to read, it's there for the purchaser/consumer who is buying the item to exercise reasonable caution with the product.

True.

But it Also Extends to any "Responsible Adult". So if I am not the Purchaser or Consumer, I can be Alerted that I should be Cautious with the Product around Children.
 

zoiDman

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It's for the purchaser/consumer.

The "KEEP OUT OF REACH OF CHILDREN" warning on many products is not there for toddlers to read, it's there for the purchaser/consumer who is buying the item to exercise reasonable caution with the product.

BTW - Was it Ever Definitive determined who's e-liquid/Nicotine Base it was that the Child Ingested?

Was it the Child's Legal Parent's?

Or was it the "Baby Sitter's"?

Or perhaps, someone Else's?
 

Vatic

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When the average person reads this story, banning nic base sales is a no brainer, and maybe they're right. Maybe nic base should only be sold to individuals certified in the safe handling and storage of what amounts to a loaded gun if you have children and pets in your home. The bottom line is a child is dead through negligence and the only rational response is to come up with solutions to make sure this never, ever happens again.

too much of the story this unknown to just assume negligence. It could have been deliberate. I'm not insinuating that this is even a possibility but it wouldn't be the first time a person killed their child and tried to make it look like an accident in order to collect insurance money. Whats the toxicology report say? Where's the cap? Did the parents have an ins. policy on the child and if so whose name was it in? You see? Much more needs to be known before anyone jumps to conclusions.
 

Train2

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Clear as mud.
Not helping that people writing the articles don't understand that
a) Nicotine is not e-liquid
b) It does matter whether it was 100 mg base, or some mix the poor mom whipped up; whether it was in a vendor bottle or not, etc.

I've never seen a bottle of 100 mg base that wasn't very clearly labelled regarding safe handling...
 

a wandering soul

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Brilliant. Leave an open, uncapped bottle of 100mg base on a table low enough to be reached by a toddler. :facepalm:

But somehow this is all the fault of the vendor that sold it 'cause they're filing a lawsuit. :mad:


well.. if i buy a gun and shoot someone i can sue the manufacturer right? same as if i take poison my family can sue the maker? the list could go on ad infinitum...


whatever happened to personal responsibility?
 

KattMamma

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When the average person reads this story, banning nic base sales is a no brainer, and maybe they're right. Maybe nic base should only be sold to individuals certified in the safe handling and storage of what amounts to a loaded gun if you have children and pets in your home. The bottom line is a child is dead through negligence and the only rational response is to come up with solutions to make sure this never, ever happens again.

It's a sad fact that you cannot make the world foolproof, or childproof. It is up to parents/guardians to keep children safe, not shops, vendors, manufacturers.

This story even said that the bottle was left open, and they never even found the cap (which may have been childproof? how will we ever know if they never find it?) Someone who would leave 100mg NIC open on a low table in a home that has small children (even if only occasionally) is probably also dumb or careless enough to leave bleach or prescription medicines uncapped. What should we do about all those products that REQUIRE an adult to be .... um, RESPONSIBLE ?

Warnings and childproof packaging? Well, ok, but those only go so far in protecting children. Ultimately, it is the adults in care of the child who must ensure the child's safety, no one else.
 

Kent C

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