Can I expect any type of compensation for a facial cleanser that burned my skin?

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Can I expect any type of compensation for a facial cleanser that burned my skin?

A facial cleanser turned my skin a deep red and really hurt. It looked like a burn from hot oil. This was my first time using a product from this company. I left the product on for just a few minutes while I removed boiling tea water from the stove and then immediately washed it off. This product is not meant to be left on; however it was very brief and the instructions mention nothing about a time limit. That night the red subsided, but my skin is still tinged pink and sensitive. There is no scarring. I did take photos. The company offered nothing, not even a refund.

Asked on April 6, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not be entitled to compensation--you write that the "product is not meant to be left on," but that you did leave it one, albeit briefly. When an injury is caused by not using a product correctly, the manufacturer and seller are generally not liable.

Furthermore, you do not seem to have suffered lasting or permanent damage; since you would have to sue to get compensation, if the company refuses to provide any voluntarily, but you can only sue for an amount of compensation commensurate with the physical injury or medical costs you incurred, which seems to be minimal, a lawsuit would almost certainly cost you more than you could recover.


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