COSMETICS2018-08-16T21:36:12+00:00

COSMETICS

PRODUCT LIABILITY ATTORNEY

cosmetics product liability

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.

ALLERGIES

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.

COSMETICS PRODUCT LIABILITY ATTORNEY

FREE CONSULTATION
NO FEE UNLESS WE WIN

What Damages Can Be Collected for Car Accidents?

We hear all the time about multi-million settlements and verdicts for people that are injured in car accidents, but there’s not a great deal of information on what claims contributed to these very large amounts of compensation. It would be naive to think that anybody really collects millions of dollars after a fender bender causes a sore neck that heals quickly. No attorney is that much of a magician! That’s why it’s important to understand what damages can be collected for car accidents before you hire a personal injury attorney in NYC. Economic Damages Economic damages are calculable sums for reimbursement of money lost due to the negligence, recklessness or intentional acts of others. The first [...]

Understanding New York’s No-Fault Law

New York is one of the twelve states in the country with no-fault motor vehicle accident laws. The other no-fault states are Florida, Kansas, Hawaii, Massachusetts, Kentucky, Minnesota, Michigan, New Jersey, North Dakota, Utah and Pennsylvania. It’s called no-fault because your medical bills, lost wages and some out of pocket expenses are paid regardless of how the accident happened. What many people don’t know is that the law was passed to decrease personal injury claims, so it limits lawsuits against the at fault parties to cases where there is a “serious permanent injury.” This law is complicated and failing to properly meet the requirements can cause your case to be delayed or even dismissed. That’s why [...]

How To Get Your Insurance Company To Pay Your Covid Business Interruption Claim

You've paid your insurance diligently for years, trusting that your insurance company would pay out on your claim should the need arise. Then Covid arrives and with lockdowns that close your business, but you're still on the hook for the rent, contracts with suppliers and many other expenses. You purchased business interruption insurance for just such a scenario, but now they're trying to worm their way out of paying out on your claim. It takes experience to go up against insurance companies that love to accept premiums, but don't like to pay out on claims. That's why it's good to know that a New York covid business interruption attorney can help you get the insurance company [...]

Why You Need The Best Pedestrian Accident Attorney

According to the Center for Disease Control and Prevention (CDC,) close to 6,000 pedestrians are killed by traffic accidents every year. That’s close to a death every ninety minutes! Pedestrians are much more likely to be killed or suffer catastrophic injuries from a crash, with over 135,000 treated yearly in emergency rooms. Pedestrian accidents are the number one cause of death for children under the age of fourteen, and the number two killer of seniors. In response, NYC has developed a “Vision Zero” plan to eliminate preventable crashes through enforcement, engineering and education. The best car accident lawyers in Queens have worked with the city to share their knowledge of how to prevent more accidents in [...]

Child Victims Act – Sue Dr. Robert Hadden

Since the New York State legislature passed The Child Victims Act in January, 2019 victims of child abuse have been successfully bringing claims for abuse that occurred when they children. The Act extended long expired statute of limitations, allowing victims one year to sue their abusers for acts that were committed decades ago. The deadline for filing claims under the original act was August 14th, 2020, but the NY Legislature voted last Spring to extend until August 14th, 2021. This means that victims Dr. Robert Hadden has only 226 days left to file an action against him for sexual exploitation and abuse carried out while providing medical treatments. If you were abused by Dr. Robert Hadden, [...]

How I Learned To Love Being An Ambulance Chaser

When my dad took me to play tennis and ice skate - when we took our yearly Winter trips to visit relatives in Florida - when we shopped at Saks and Bloomingdales - all I ever heard was how my dad’s law practice paid for all of it. What was he doing to make money for all these nice things? I didn’t really know, but sometimes people would chuckle and say he’s an ambulance chaser. I didn’t really like the sound of this and wished that my dad was something cool like an actor or a civil rights leader. It’s been a long road, but I’ve come to understand the value of the business he built [...]

No Case Is Too Big Or Too Small

Too many people are afraid to contact a personal injury attorney because they’re afraid their case isn’t big enough. It’s quite true that some cases are not worth pursuing, but the reason is usually not simply that they’re small. If you’ve been injured and it’s not your fault there’s usually something you can do to facilitate healing or collect money. Wittenstein and Wittenstein is dedicated to providing access to the highest quality legal advice to all people seeking legal advice in New York City and Nassau County. We’ve achieved some of the highest settlements and verdicts in the Great New York Metropolitan area, but we’ll still take the time to help you with your small case [...]

Load More Posts
0/5 (0 Reviews)