I would like to know how can I file a lawsuit against a haircare product company?

I used a haircare relaxer last week. I had the relaxer in just as long as any other relaxer I’ve used but this one really started burning my scalp. I washed it out, however it kept burning. A lot of my hair was falling out. I have bald spots in my hair now. In the back of my hair is now thin due to the lost of my hair. I have long hair to cover up certain spots but I have never lost so much hair because of a relaxer. I just the reviews on-line tonight about this same product and so many people said the same thing happened to them. I am just wondering if I can file a lawsuit against the company?

Asked on December 6, 2013 under Personal Injury, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the manufacturer of the product and also the seller (store where you purchased the product).  You would file one lawsuit naming both parties as defendants.

Your lawsuit would have separate causes of action (claims) for negligence and strict liability.

Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer should have exercised to produce a product that was not defective).

Strict liability is liability whether or not due care was exercised.

You would assert these causes of action (claims) against the manufacturer and seller.  The seller is liable even if it could not have known that the product was defective.

It would also be advisable to see a dermatologist for your burned scalp. 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 any wage loss.

Your damages (the amount of compensation you are seeking in your lawsuit would include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills  based on the medical reports and if applicable, any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

Prior to filing your lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and seller.  Your claim filed with the insurance carriers of the manufacturer and seller should include your medical bills, medical reports, and documentation of any wge loss.  If the case is settled with both the insurance carriers for manufacturer and seller, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence and strict liability.

If you settle the case with one party's insurance carrier, but not both (manufacturer and seller), only name the party with whom the case has not settled as a defendant in your lawsuit.  If the case is not settled with either party, name both manufacturer and seller as defendants in your lawsuit.

If the case is NOT settled, your lawsuit for negligence and strict liability 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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