If I’m selling a product online that is intended to help lighten skin and remove dark spots and someone breaks out or gets ill due to this product, would I be liable?

It has not been approved by the FDA and that is stated in the listing. I have an LLC.The disclaimer reads:”Disclaimer: By purchasing this product you agree to not hold the seller or anyone affiliated with seller liable for any damages that may result from using this product in any way. You also agree that you are 18 years of age or older and have knowledge of how to correctly use this product. This product has not been approved by the FDA”.

Asked on August 10, 2013 under Personal Injury, Minnesota

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. If this is your 'real' (not hypothetical) problem, you should first not post such details on a public website. You should then confer privately with an attorney who will be happy to assist you and advise you. The sort of attorney of which you would be in need is a 'business law' attorney or 'small business formation' attorney. Generally, there are ways to insulate oneself from personal liability, but not in every instance or regard. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

 

Tricia Dwyer, Esq.

Phone: 612-296-9666

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