If you are like most people, you regularly use of some type of sunscreen. If you are like a smaller number of individuals, you may have suffered a serious allergic reaction to a sunscreen you have used. In the aftermath of an allergic reaction to sunscreen, you may be wondering whether or not you can pursue a personal injury case against the manufacturer.
The Basis for Liability in a Personal Injury Case
If you have suffered injuries due to an allergic reaction caused by a sunscreen, you may have what is called a products liability case. A products liability case is a type of personal injury claim. There are four elements that must be in place to successfully make a personal injury claim.
First, you must establish what is known as a duty of care. In the case of sunscreen, the manufacturer of the product has a duty of care that requires its product to be reasonably safe for use. The manufacturer also has a duty to disclosed any possible negative consequences that can arise from the use of the sunscreen.
Second, you must demonstrate that there has been a breach of the duty of care. An example of a breach of a duty of care in the sunscreen case could involve the proper disclosure of a potential issue with the product. If the manufacturer knew that the sunscreen could cause an allergic reaction and failed to properly disclose the fact, that could be considered a breach of the duty of care.
Third, the breach of the duty of care must be what is called the proximate cause of the accident and injury in question. This means that the breach of the duty of care must be the legal and factual cause of the accident and your injuries. In other words, you did not know of the potential of the allergic reaction because the manufacturer did not disclose it. You used the product and you suffered an allergic reaction.
Finally, you must suffer actual injuries, damages, or losses because of the breach of the duty of care. In this case, you need to demonstrate that you had an adverse reaction when you used the product. As an aside, you need to bear in mind that a sunscreen with natural ingredients is less likely to cause an allergic reaction.
Who is Responsible for Your Injuries
Products liability governs who is responsible for the injuries you sustained. Products liability determines who in the chain of manufacturing is responsible for an accident and associated injuries.
In the case of sunscreen that caused an allergic reaction, the manufacturer is a likely responsible party. You need to keep in mind that the store that sold you the product might also be a responsible party. The store has a duty to sell you safe products.
Compensation in a Sunscreen Personal Injury Lawsuit
Potential compensation in a sunscreen personal injury case depends on the facts surrounding the injuries you sustained. With that in mind, there are certain injuries, damages, and losses that oftentimes result in a compensation in a successful sunscreen personal injury case. These include compensation for medical bills and expenses, pain and suffering, mental anguish and emotional distress, and lost wages.
Retain Legal Representation in a Sunscreen Personal Injury Case
You can protect your legal rights and interests in a case involving an allergic reaction to sunscreen by retaining the services of a skilled experienced personal injury lawyer. The first step in retaining legal counsel is scheduling an initial consultation. As a general rule, a personal injury lawyer does not charge a fee for the initial consultation.
Thanks to our friends and contributors from Bu Screen for their insight into sunscreen allergens.