Visitor Question

Defective Facial Care Product Causes Injury…

Submitted By: Akita (Birmingham, AL, U.S.A.)

I recently signed up to be an e-representative for online shopping and I brought products as well. I purchased a facial care product – a facial mask for blemishes. Although my skin wasn’t in a bad way I initially purchased the item to clean my pores.

I started using it upon arrival and a few days later it started working okay. The second week I awoke to a sore face. I went into the bathroom and my God It seemed as if I was in a horror movie. I had red pus, knots, black blotches, headaches, sore eyes, blisters, sores…you name it.

I stopped using the product and I immediately called the company regarding the matter. I was told to go to the hospital and in fourteen days I would receive a call from headquarters for a follow up. I was referred to a specialist but my insurance wouldn’t pay for the visit.

So I called the company once again and that’s when I was told that since I didn’t return the item for a refund there was nothing I could do. When I asked to speak with the President or CEO I was told by customer service that they couldn’t assist me.

My face is still a total wreck. I’m embarrassed to go out in public so for the past month I’ve been staying in the house. I have pictures to prove my allegations, as well as the defective product. I have all the names of each specialist that I’ve spoken with. Please give me some info on what to do.

Can I file a claim against a company when they were told about a defective product and did nothing? What do you think I should do? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Akita,

Akita:

Product Liability lawsuits have skyrocketed since the dawn of the Internet. In the “old days” when you bought a product most of the time you bought it either face to face with a salesperson, or picked something off the shelf of a store.

In each case you had the ability to speak with the salesperson who sold you the product, or at a minimum, to the store owner or manager. These days when a product is defective you can often find the manufacturers hiding behind the façade of the Internet.

Your injuries seem quite serious. Your documentation of the injury by taking photographs and making notations of company contacts was a an excellent idea.

Here is what we suggest:

Prepare a letter in your own words addressed to the president of the company. Make sure it is sent Certified Mail, Return Receipt Requested.

In your letter clearly explain the circumstances and events which led to the letter. Express your strong dissatisfaction, without being unprofessional or impolite, but DO NOT suggest any lawsuit. As soon as you do you in effect take the case out of the President’s hands and force it into the hands of her attorneys.

Once that happens there exists a very good chance you will be fighting it out for a couple of years while the attorneys do everything ethically possible to make you and your case go away.

The final paragraph of your letter should say something along these lines:

“Finally, If I am not able to receive some assurance from your company it will remain financially responsible for any past, present, or future medical and out-of-pocket expenses related to my facial injuries I will have to explore other appropriate options.”

Regrettably if this course of action does not satisfy you it may be time for you to consider litigation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 2, 2011

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