COSMETICS2018-08-16T21:36:12+00:00

COSMETICS

PRODUCT LIABILITY ATTORNEY

cosmetics product liability

Cosmetics Manufacturers have a duty to make sure their products are safe for consumers.  They can breach this duty when they create unsafe products or fail to warn consumers about dangers that may impact a portion of the population, such as known allergic reactions.  If you have been seriously injured by cosmetics, you need an experienced Cosmetics Product Liability Attorney at your side.

STRICT PRODUCT LIABILITY

An injured party can sue both the seller and the manufacturer of cosmetics, depending on whether the injury was caused by a defective design, a defect or by improper labeling.  New York follows the “strict product liability” standard which means that an injured person bringing an action must prove that they are the type of consumer the product was intended for, that the defect did not occur after the product was sold (ie; left out in the sun,) and that there is an injury.  The theory is called “strict liability” because it is not necessary to prove, as it is in most negligence cases, that there was a “specific duty of care” to that particular user.   This standard applies to most consumer marketed products.  An experienced Cosmetics Product Liability Attorney can be retained to represent you in strict liability claims.

BREACH OF WARRANTY

This theory is available is a manufacturer or seller made any specific guarantees that a product would accomplish a particular goal, but this would not apply in cases where there is an actual injury.  It can also be brought with the general theory that there is an implied guarantee that a product is “fit for normal use” and therefore should not cause an injury.  The third breach of warranty claim would be that the seller and manufacturer knew that the product was being used “off label” for a specific purpose and caused injury when used in that way.  These claims do not always result in an award of damages, but can be helpful in bringing a strict liability claim.  An experienced Cosmetics Product Liability Attorney can be retained to represent you in breach of warranty claims.

ALLERGIES

When manufacturers know or should know, that a cosmetic product causes an allergic reaction in some people, they have a responsibility to warn of this risk.  If the allergy is common, it could give rise to a breach of warranty that the product was fit for cosmetic use.  Make sure to tell your Cosmetics Product Liability Attorney about any allergies you have.

COSMETICS PRODUCT LIABILITY ATTORNEY

FREE CONSULTATION
NO FEE UNLESS WE WIN

Kushner Hit with Lawsuits over Williamsburg, Brooklyn Development

I grew up with many stories about Williamsburg, Brooklyn, my father's hometown.  Whenever I complained about just about anything, his response would be, "at least you didn't grow up in Williamsburg."  I thought it was literally the worst place on Earth, with flies swarming around manure.  Actually, when he was growing up, in the 1930's the streets actually were full of dung and swarming flies, as cars were still a luxury in poor neighborhoods.  In fact, the legend goes, my grandfather had a stable business, that was losing ground to cars, so he became a taxi driver, in Williamsburg, where his family of seven lived in a 2 room apartment and all shared one pint [...]

Product Liability Claims Lead to Ridiculous (and hysterically funny) Warning Labels

I was going to write a post about the most common types of product liability claims and a serious article about how manufacturers can be held liable when they are negligent or reckless in the design of their products.  Another major basis for product liability lawsuits is the "failure to warn" about the dangers of using a product.  Warning labels are intended to give consumers the information they need to use a product safely, such as warnings about allergens and appropriate uses for a product.  I'm not sure if manufacturers are trying to avoid liability or just making fun of lawyers with some of these hysterically funny warning labels, probably a combination of both.  Here in the [...]

Bronx Still Plagued by Lead Paint Poisoning

Lead paint was banned in New York City in 1960, but has no been removed from many homes, especially in the Bronx.  The New York Times reported that Mayor Deblasio is planning to "eradicate" lead paint from public housing, but it seems like it's too little, too late.  When walls are painted over without stripping the lead paint underneath, small children can still peel off the paint and ingest it, causing the high lead levels known as "lead poisoning."  Lead poisoning can cause severe neurological problems for children that ingest it, including intellectual disabilities.  If your child shows these symptoms and you may have lead in your home, you should have the child tested and [...]

Dangers of the State Island Ferry

Ferry travel feels so safe, none of the lane changing and stress of driving, but The New York Post has reported that ferry captains warn that The Staten Island Ferries are “ticking time bombs.”  After a major accident in 2003, there has been some scrutiny of the safety of these aging ferries, and what’s been revealed shows that most of the ships suffer from serious safety problems.  The ferry captain, who wanted to remain anonymous said of the ship’s propellers, “They often fail, resulting in the shutdown of one or more of the four “drives” that are linked to propellers, making it at times impossible to slow, or even stop, the boat.”  [...]

Why Do Lawyers Always Want to Bring Lawsuits in the Bronx?

According to the New York Post, The Bronx is the "lawsuit capital of NYC."  The Bronx is the second smallest borough, yet more lawsuits are filed there due to the belief that Bronx juries are more generous to plaintiffs than any other borough.  The statistics are clear that the highest verdicts in the State are brought in by Bronx juries.  That's why Personal Injury Attorneys always want to bring a lawsuit in the Bronx, whenever possible.  Councilman Andrew Cohen (D Bronx) says, “Any way they can figure out to find a nexus to bring a case in The Bronx, they’re going to do that,” he said. “Bronx people are generally poorer than in other parts of the city, [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your [...]

The Psychological Impact of Bullying

Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.”  We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind.  It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students. According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult [...]

Load More Posts