Product Liability: A Guide to Litigating Damages Caused by Defective Beauty Products
Government officials have been trying to get a bill passed into law that will regulate health and beauty manufacturers to an even higher standard than the Food, Drug, & Cosmetic Act for what they can and cannot use in their products.
The Personal Care Products Safety Act has been in play since 2015. Until this bill becomes a law, there will still be products out there that are defective and can lead to a lawsuit. Defective beauty products are under product liability when they pose a danger to consumers.
Keep reading to learn what it means when consumers sue big corporations under a product liability claim.
What are product liability claims?
Product liability is when the manufacturer or retailer is accountable for a product being hazardous when it is for sale to the public and causes injury to consumers.
Product liability claims are lawsuits for these consumers that have been in some way injured by a faulty product. The consumer then seeks compensation for the injury in a lawsuit against the company that produced the defective product or the company that sold the defective product.
In this case, beauty products that are not up to regulation can cause damage to the consumer. This means that the product caused a number of illnesses or problematic symptoms that caused pain and suffering to the consumer. Product liability claims help to compensate the consumer for any grievances caused by the faulty product.
In a product liability claim, the plaintiff is the consumer who identified the faulty product, while the defendant is the retailer or manufacturer of the faulty product.
Are there different types of defects seen in product liability claims?
There are three types of defects that can bring about product liability and the claims that follow:
Design defects come into play when the design of the product poses a risk to the consumer. During the process of creating the product, a chemical reaction or unforeseen issue might develop causing the product to be faulty when used. In this case, it would be a beauty product used by a consumer resulting in a reaction to said product.
Manufacturing defects happen while the product is being formed that isn't caught in quality control rendering the product hazardous when released to the public. This could mean that something toxic or dangerous could have contaminated the product during assembly.
Marketing defects take place when the company selling the product fails to warn consumers of the potential risk of a defective product. While this isn't a hazard to the consumer unless they use the product, it could prevent any injury that might lead to a liability issue for the company.
Recalls are then used in this instance to take defective products off the shelf. This usually happens after someone was injured by the product due to the company's failure to warn of possible defects in the product.
There are two potential groups to be held accountable for product liability:
Manufacturers are the companies responsible for the creation of the product
Retailers are the companies responsible for the product on the market
Sometimes the retailer is held accountable when the manufacturer is unreachable.
What if neither the manufacturer nor the retailer is accountable for the claim of defect?
Remember, companies cannot be held liable unless their product is truly defective.
There are many instances in which the company is not held accountable. When this occurs, it can be from one or more of the following:
Misuse of the product by the consumer
Expectations of the consumer being too high
Using the product though there is a known risk
Statute of limitations may apply
Manufacturer proves the product is not hazardous to the consumer
The claim will be tested by the defense. If it appears that the company is not at fault for any number of reasons whether it be because you didn't use the product properly or too much time has passed since the injury took place, you may not have a solid defective product case.
Prominent Product Liability Case Involving Beauty Products
Ingham et. al v. Johnson & Johnson: Johnson & Johnson was held accountable for the link between their talc powder and the development of ovarian cancer in 22 women that used the product. Johnson & Johnson paid out over $550 million in damages to the lives of these women.
How do you, as a consumer injured by a faulty product, establish a product liability claim?
To claim product liability, you need two things: proof of injury and proof of the product's defect.
Before you do anything, you need to be seen by a medical professional to document your injury. You need to take pictures of the injury for photographic evidence. Make sure that you keep the product and any container or label that it came with to present alongside your case.
Once you have them, you need to contact a lawyer who is experienced in product liability claims. They will be able to determine if you have a legitimate case. Once they do, they will help you draft and submit your complaint.
Product liability lawyers are suited to meet all of the needs of your case. Lawyers with this experience are also better equipped to know each state's laws when it comes to product liability.
The law office that you go through will handle everything that you need to present your claim in a professional and thorough manner.
The law firm that you choose will also be able to tell you if there are other people like you who suffered from the same defective product as you. There might already be a class action that you can join in to make your case stronger. This can help to make sure that you have the best possible chance of winning your case.
Who can help you?
Now that you know what product liability claim is, where do you go for help?
If you are a consumer that needs representation in a product liability claim, Attorney "Sweet" James Bergener and his associates at sweetjames.com can help you. Sweet James Accident Attorneys is built around helping their clients recover from injury by fighting for the maximum compensation possible.
Contact them today to get started with a free consultation.