Wearing sunscreen, even if it’s not the best sunscreen out there, is one of the best ways to protect yourself from the sun. However, there have been cases where people have suffered allergic reactions from sunscreen. If you experienced an allergic reaction from sunscreen, you may wonder if you have the right to pursue a personal injury lawsuit against the manufacturer.
The Basis for Liability in a Personal Injury Case
Experiencing an allergic reaction from a sunscreen can qualify as a products liability case, a type of personal injury claim. Let’s take a look at the four elements that must be in place to file a personal injury claim:
- Duty of Care: The manufacturer of the sunscreen product has a duty of care to make sure the product is safe for the public to use and reveal any possible negative consequences that can result from using the sunscreen.
- Breach of the Duty of Care: If the sunscreen manufacturer knew that the product could cause an allergic reaction and didn’t disclose that, it could be considered a breach of the duty of care.
- Proximate Cause of the Accident: The breach of the duty of care has to be the legal and factual cause of your allergic reactions.
- Suffer Actual Injuries, Damages or Losses: The last step is showing that you had an adverse reaction to the sunscreen product.
Who is Responsible for Your Injuries
The manufacturer of the sunscreen product is most likely legally responsible for your injuries. The store you bought the product from may also be considered responsible.
Compensation in a Sunscreen Personal Injury Lawsuit
The amount of compensation you may receive in your sunscreen personal injury lawsuit can depend on several different factors, such as your medical bills, pain and suffering, mental anguish and emotional distress and lost wages. A skilled personal injury law can evaluate all the factors in your case and estimate the amount you may receive in damages.
Hire a Lawyer in a Sunscreen Personal Injury Case
If you wish to pursue a personal injury claim involving an allergic reaction to sunscreen, it may be in your best interest to hire an experienced personal injury lawyer. He or she can protect your rights and improve your chances of receiving the compensation you deserve. The majority of personal injury lawyers offer free initial consultations, so you do not have anything to lose by speaking to one.
Thanks to our our friends and contributors from Bu Screen for their insight into sunscreen allergens.