If I was scarred by the use of a mole removal cream, what are my legal options?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was scarred by the use of a mole removal cream, what are my legal options?

I have used an herbal mole removal cream to remove moles from my cheek, arm and neck. The product guarantees excellent results, which in fact I have achieved with the mole on my face. However after removing the mole on my arm and 2 on my neck I ended up with ugly scars, which look worse then the moles that I had. I contacted customer service via email and their representative confirmed that what I have are elevated scars and it’s the way my skin reacted to the cream. She also said that she has some scars from using their product. Can I have them pay for my scar removal treatment?

Asked on July 5, 2011 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is *possible* that you could get them to pay. The issue will be whether the product was negligently formulated (carelessly), negligently manufactured, and/or had negligent warnings and instructions for use. (Note: "intentionally" misleading instructions or deliberately insufficient warnings would also qualify to establish liability--generally, deliberate or intentional bad acts will establish liability even more certainly that negligent or careless ones.)

On the other hand, if there were warnings about possible side effects--e.g. something like "consult with a dermatologist if any redness or symptoms result," or "side effects include scarring," that may be enough to protect them. You could try submitting a claim directly to the manufacturer, but if they won't pay--which is very likely--you'll have to sue to establish liability and your right to compensation. You may wish therefore to first consult with a product liability or personal injury attorney, to evaluate the strenght and worth of your case. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption