I received a chemical burn using an acne product and wanted to see if I could file a claim?
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I received a chemical burn using an acne product and wanted to see if I could file a claim?
I used a spot acne treatment on my face yesterday and it burned my skin. My face has black chemical burns on my chin and cheek.
Asked on August 22, 2016 under Personal Injury, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You have claims against both the manufacturer and seller (store where you purchased the acne product). You will need to document your injury with medical treatment.
Notify the manufacturer and seller that you will be filing a personal injury claim. Obtain the name and address of the insurance carriers for the manufacturer and store and notify them in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.
Your personal injury claim filed with the insurance carriers for the manufacturer and seller should include those items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for both the manufacturer and seller, NO lawsuit is filed.
If you are dissatified with settlement offers, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer and seller.
Negligence on the part of the manufacturer is the failure to exercise due care ot produce a product that is not defective. Strict liability imposes liability whether or not due care was exercised.
The seller (store) is liable even if it could not have known the product was defective.
If the case settles with one, but not both parties (manufacturer and seller), only name the party with whom the case has NOT settled as a defendant in your lawsuit for negligence and strict liability. Negligence and strict liability are separate causes of action (claims).
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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