Case closed in Fort Plain liquid nicotine death

[twgbonehead]

one can not sue anyone for anything, there have to be merits to the case.


regards
mike

Hi, Mike.

I don't want to stray into a semantic argument here. You actually can file a civil lawsuit for anything, as long as you can get a lawyer to file the suit for you.

It's what happens next that's the key point. The court won't just look at the filing and toss it out. They will notify the defendant, who then needs to respond (or get a default judgment against him). So suppose the defendant asks for the case to be thrown out without merit. The plaintiff is then entitled to subpoena witnesses for depositions, subpoena for additional documentation, etc. etc. Then there can be arguments before the court about procedure, etc, etc. All of these put a financial burden on the defendant. All this happens even before the first opportunity for the case to be dismissed. And even for a case which is considered to be complete BS by the general population, the outcome is never guaranteed. This kind of stuff is the "hammer" that some lawyers will gladly wield against the plaintiff, and it does often work to coerce them into a settlement.

its totally true. it differs from state to state but there are rules
governing the courts in whats allowable and what is not.
lawyers turn down legitimate cases every day because the
merits of the case are not provable.

regards
mike

Yes, it is true that lawyers often will turn down cases they consider to be unwinnable, or even more so, frivolous. But it depends on the case. Slip and fall on a sidewalk? Boring; if there isn't really good justification, most lawyers would pass.

The lawyer prosecuting this suit is pretty much guaranteed press coverage, in the papers and on the nightly news. Gets his face and name in front of the public (free advertising). Pushes his "reputation" of helping the little guy against corporations who endanger infants. Great stuff! If the plaintiff settles, he can boast about his win. If he loses, he can air his views on the evening news about how the court system really failed to protect the children, and favored the "corporate interests" instead. Great stuff for an ambulance chaser! And I've never heard of a case where the lawyer was liable for monetary damages, even in the case of a suit that got tossed right out by the courts. So he's got a ton to gain, and really nothing to lose except his time.

The reality is that there are lawsuits against which it is financially impossible to defend yourself. The costs of winning, even in the best case, can easily be much much more than the cost of settling, never mind the risk of either a protracted case, or even an outright loss.

 

[pennysmalls]

Crowdfunding

 

[Bill Godshall]

I'd be shocked if Heartland would lose a product liability lawsuit based upon the evidence available, and it might not be easy for the family to find an attorney willing to file a product liability lawsuit against Heartland (because product liability lawyers only make money for themselves and their clients if/when they win a lawsuit or if they can negotiate a large settlement).

The only thing I see that might cause a problem for Heartland is the following post by four (back on page four of this thread), as safety warnings on e-liquid should NOT tell customers to NOT induce vomiting if they swallow e-liquid. Vomiting is the first thing someone should do (and the first thing that usually automatically happens) after ingesting nicotine, and vomiting is the only way to eliminate ingested nicotine from the body..

She said she made the kid vomit.
My Heartland label clearly states, ..."If swallowed, immediately seek medical attention, do not induce vomiting without the direction of a doctor or the poison control center."

 

[zoiDman]

I am Not a Doctor. And I am Not Going to Give Medical Advise.

But there are Some who Believe that Inducing Vomiting should Not be Performed.

Poisons Prevention

---

And from: Poisoning first aid: MedlinePlus Medical Encyclopedia

DO NOT

•Do not give an unconscious person anything by mouth.

•Do not induce vomiting unless you are told to do so by the Poison Control Center or a doctor. A strong poison that burns on the way down the throat will also do damage on the way back up.

•Do not try to neutralize the poison with lemon juice or vinegar, or any other substance, unless you are told to do so by the Poison Control Center or a doctor.

•Do not use any "cure-all" type antidote.

•Do not wait for symptoms to develop if you suspect that someone has been poisoned.

When to Contact a Medical Professional

In the United States, call 1-800-222-1222 to speak with a local poison control center. This hotline number will let you talk to experts in poisoning. They will give you further instructions.

This is a free and confidential service. All local poison control centers in the United States use this national number. You should call if you have any questions about poisoning or poison prevention. It does not need to be an emergency. You can call for any reason, 24 hours a day, 7 days a week.

Take the container with you to the hospital, if possible.

---

And from: Nicotine poisoning: MedlinePlus Medical Encyclopedia

Nicotine poisoning

Nicotine is a bitter-tasting compound that naturally occurs in large amounts in the leaves of tobacco plants.

Nicotine poisoning results from too much nicotine. Acute nicotine poisoning usually occurs in young children who accidentally chew on nicotine gum or patches.

This is for information only and not for use in the treatment or management of an actual poison exposure. If you have an exposure, you should call your local emergency number (such as 911) or a local poison control center at 1-800-222-1222.

...

Home Care

Seek immediate medical help. DO NOT make a person throw up unless told to do so by Poison Control or a health care professional.

If the chemical is on the skin, wash with soap and lots of water for at least 15 minutes.

 

[Kent C]

There's as many sources that say to induce vomiting than there is that say don't. Nicotine itself, can induce vomiting - one of the few poisons that attempts to self-correct.

 

[KattMamma]

I hope I'm not derailing the thread too much, but while we're waiting for more details...

Apparently Utah is one of the places where you can sue ANYONE for ANYTHING...

Suit yourself: Utah court lets woman sue herself over fatal wreck | Fox News

 

[jpargana]

From the Times Union article...



I wonder what Remedy Eli's family is seeking through a Lawsuit that will "save some other kid's life".

Especially considering that there is NOTHING the vendor could have done to "save children lives".

I did not read the entire thread, but here goes:


<rant>

If those people are so concerned about "saving lives", then instead of trying to rip off some vendor who is not at fault in this sad story, those parents should be paying for additional media coverage, from their own pockets, to share THEIR story everywhere, about how RECKLESS they were while "taking care" ot their own child. So that other reckless vaping parents could be fully warned that "WE" can kill our babies by being reckless. As in "WE, NOT the industry" whose role is to provide products good enough to be used as intended.


Now, THAT could actually "save children's lives"...!

If a liquid is supposed to be used as a nicotine base, then it MUST have nicotine in it to fullfill it's role. If nicotine is dangerous, then it is up to ADULTS to properly take care of their own children.

Just like if a different liquid is supposed to be used as a cleaning agent, then it MUST have nasty products in it to fullfill it's role.
If those are dangerous, it is also up to ADULTS to properly take care of their children. It's the same thing.
A bootle of mineral water would be soooo much safe "for the childreeeeen"... but it would fail miserably at cleaning stuff.

</rant>


Well, sorry about that.


But one thing is having and accident that leads to a tragedy in you live. It could happen to just about everyone. And there's a lesson to be learned.

Now, trying to blame others for your own mess-up?
Trying to unfairly rip them off, even knowing all too well that "No amount of money will bring your son back" ??
In order to "save lives"??

Many people criticize the "media" from trying to raise money from a sad, sad story like this. "Voltures", people say.
Well, how about the irresponsible PARENTS themselves ??