Whether it is an infection, a burn, an allergic reaction, or some other type of harm caused by a defective cosmetic product, the injured person is often able to file either a product liability claim or a breach of warranty lawsuit. To find out if you have a case, it’s best to talk to a personal injury attorney as soon as possible, before your case expires. But for now, here is an overview of both types of lawsuits you could be able to file over defective cosmetic products.
Product Liability Claims & Defective Cosmetic Products
If you’re going to file a lawsuit over such injuries, this is probably the type you’re going to go with. In this type of case, you will have to prove negligence. To do so, you first have to establish that you purchased the product from the manufacturer you are suing. Then comes the tricky part, where you would also have to prove every one of the following:
- The defendant was aware of the defect or the potential for defect.
- The defendant did not give adequate warnings about the product defect that harmed the plaintiff (you, the person who filed the claim).
- The plaintiff did nothing to contribute to the injuries sustained.
Suing for a Breach of Warranty over Cosmetic Product Injuries
This type of lawsuit is rarer because there are precise circumstances under which this case must occur. For instance, to file a lawsuit for a breach of an express warranty, the plaintiff would have to contend that the manufacturer or seller issues detailed promises. Or the plaintiff could argue that an implied warranty was breached, the implied warranty that the product was safe for use, etc.
None of these claims are simple. They require the technical proficiency of an experienced legal advocate. If you are looking for the right personal injury lawyer in Raleigh, then turn to the Whitley Law Firm. We have over 38 years’ experience, and it’s free to see if we can help you. So don’t hesitate to get your free case review or to call our firm. We can be reached 24 hours a day, 7 days a week!