South Florida Injury Lawyer Blawg
For many women, using cosmetic products is part of their daily routine. While in most cases individuals are able to use makeup without incident, there are cases when manufacturers and sellers put dangerous cosmetics into the hands of users. If you or someone close to you has suffered an injury due to a recalled or hazardous cosmetic product, we can help. At the Law Offices of Robert Dixon, our attorneys are knowledgeable in product liability law and can put our skills to use in your case.
Under federal law, a “cosmetic” is defined as an article intended to be “rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” As a result, the term encompasses moisturizers, make-up, shampoos, toothpaste, nail polish, and the like. All cosmetics must comply with certain federal regulations, such as the ones set forth by the Food and Drug Administration (FDA).
Injuries from cosmetic products can range from allergic reactions to infections and dermatological conditions. These conditions can leave victims to deal with extensive medical treatments, lost wages, and disabilities, as well as long-term emotional distress. According to the FDA, only three percent of all cosmetic products have reports sent to the FDA regarding injuries to the consumer. Approximately 1,000 dangerous chemicals have been found in cosmetic products sold in the United States.
Under Florida law, companies must adhere to product liability standards when creating and distributing their products. If you’ve been injured due to dangerous cosmetics, you may be able to file a product liability claim against the manufacturer or retailer of the product. There are three main types of product liability cases: manufacturing defects, design defects, and failures to warn. Manufacturing defects refer to defects that occur during a product’s manufacturing process. Design defects refer to inherent flaws in the design of the product. “Failure to warn” cases are those in which the product designers or manufacturers failed to provide an adequate warning of the dangers associated with the intended use of the product.
Typically, in instances in which an individual is injured by a defective cosmetics product, the victim will be able to proceed on a theory of negligence or strict liability. In a negligence claim, the plaintiff must establish that the defendant acted negligently by breaching the duty of care owed to the plaintiff, which was a direct cause of the plaintiff’s harm. Under the theory of strict liability, the manufacturer is liable for any defective products placed into the stream of commerce, irrespective of negligence. This doctrine is intended to protect consumers and ensure that manufacturers take appropriate care when making products.
At the Law Offices of Robert Dixon, our Miami product liability attorneys can answer your questions and discuss your claim in detail. You can trust that we will advocate on your behalf at every step of the way. This is a complicated area of law, and having the right attorney can make all the difference in your case. We proudly represent clients throughout South Florida. For more information about your legal rights and options, call us at 1-877-499-HURT (4878) or contact us online today.
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