Visitor Question

Do I have Product Liability Claim for this Hair Product?

Submitted By: Monica (Huntington Park, CA)

Two days ago my seven year old daughter was combing her hair. I bought a detangling product for her use. This is a 5 oz. plastic detangling conditioner.

This product is manufactured by a popular brand. While she was handling this product she cut her right hand. She came to me with this product, after inspecting the product I realized that the edges were so sharp that it was inevitable that someone would get injured somehow.

I wanted to call the customer service number provided but I then thought that this product might need a possible recall, it is that sharp. Would I have a product liability claim or would I be best off calling the manufacturer? I really feel that this product is dangerous to use.

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 Monica,

From your description, it is hard to understand how a bottle is so sharp as to cut someone and how, when you purchased it, you did not notice. It is likely that the description just needs to be more detailed or others may find the same confusion.

Secondly, it is also hard to understand how a product, when used as it is intended, would cause such injury. When dealing with product liability claims, the product must be used for its intended purpose in order to hold the manufacturer liable for injuries that result from the normal use of a product.

I would call the customer service number and explain the situation or re-post your question with a more thorough description of the product and exactly how your daughter was injured.

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: January 29, 2011

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