PRODUCT LIABILITY ATTORNEY
Cosmetics Manufacturers have a duty to make sure their products are safe for consumers. They can breach this duty when they create unsafe products or fail to warn consumers about dangers that may impact a portion of the population, such as known allergic reactions. If you have been seriously injured by cosmetics, you need an experienced Cosmetics Product Liability Attorney at your side.
STRICT PRODUCT LIABILITY
An injured party can sue both the seller and the manufacturer of cosmetics, depending on whether the injury was caused by a defective design, a defect or by improper labeling. New York follows the “strict product liability” standard which means that an injured person bringing an action must prove that they are the type of consumer the product was intended for, that the defect did not occur after the product was sold (ie; left out in the sun,) and that there is an injury. The theory is called “strict liability” because it is not necessary to prove, as it is in most negligence cases, that there was a “specific duty of care” to that particular user. This standard applies to most consumer marketed products. An experienced Cosmetics Product Liability Attorney can be retained to represent you in strict liability claims.
BREACH OF WARRANTY
This theory is available is a manufacturer or seller made any specific guarantees that a product would accomplish a particular goal, but this would not apply in cases where there is an actual injury. It can also be brought with the general theory that there is an implied guarantee that a product is “fit for normal use” and therefore should not cause an injury. The third breach of warranty claim would be that the seller and manufacturer knew that the product was being used “off label” for a specific purpose and caused injury when used in that way. These claims do not always result in an award of damages, but can be helpful in bringing a strict liability claim. An experienced Cosmetics Product Liability Attorney can be retained to represent you in breach of warranty claims.
When manufacturers know or should know, that a cosmetic product causes an allergic reaction in some people, they have a responsibility to warn of this risk. If the allergy is common, it could give rise to a breach of warranty that the product was fit for cosmetic use. Make sure to tell your Cosmetics Product Liability Attorney about any allergies you have.