QUESTION
Can I take legal action if I used a product on my hair and got an allergic reaction?
Asked on Nov 23rd, 2011 on Personal Injury - Oregon
More details to this question:
I had used the product to dye my hair a few weeks ago on a Saturday night and on Sunday, I caught an allergic reaction to the dye. My face/head swelled up a lot that my eyes were completely shut closed. I have used this product before and this has never happened to me until now. I went to the ER and they prescribed steroids, benadryl and cortizone 10. It helped and the swelling went down a lot. I am still a little swollen and I have been getting headaches since the swelling went down. I've looked up photos online to see other reactions due to dye and most of them are like the same exact reaction. Now I am being told that I should take some kind of action for this incident. I am not sure if I have some kind of case here too.
8 ANSWERS
I had a similar case years ago. The buyer purchased baby oil that he put in his hair and it contained bleach or something similar. Before any lawyer can advise you on filing a claim they would need to know what in the product caused the reaction you experienced. You need the product tested to make sure it's not contaminated; if contaminated by what and was that element expected to be in the product. The manufacturer will probably as for the product for testing but I would not send it in because you'll never get it back. If you're dead set on figuring this out then pay a lab to have the product tested and determine the chemical source of your allergic reaction. Then see a lawyer.
Answered on Nov 30th, 2011 at 2:39 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
If you promptly recover then I don't think a lawyer would be interested. You can to settle with the manufacturer for a few hundred dollars.
Answered on Nov 30th, 2011 at 1:19 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Don't think the cost of suing would justify the risk of no recovery for such a small injury. The Republicans have made lawsuits too expensive to file for ordinary justice.
Answered on Nov 29th, 2011 at 5:47 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
How do you establish that the product caused the condition you complain of? Does your Dr clearly so state and will he put it in writing? You can have an allergic reaction to any product at any time. Your body may accept the product for a time then decide it has had too much of the product. That seems to be what happened to you. And how do you expect the manufacturer to protect all end users like yourself. You have a difficult situation. Suggest you contact the manufacturer and ask their claims people about opening a claim. They may have med pay coverage or even liability coverage to help you, see a lawyer who handles products liability cases (the local bar should be able to tell you who this is).
Answered on Nov 29th, 2011 at 3:52 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
If there have been other reported allergic reactions to the product and the product did not contain any warnings posted to advise there have been reported incidents of allergic reaction, then you might prevail in an action against the manufacturer. Unless you can prove there have been other allergic reactions to this specific product then you may not be able to prevail (or if there are product warnings on the label).
Answered on Nov 29th, 2011 at 3:34 PM
Personal Injury Attorney serving Portland, OR
at
Law Offices of Thomas Patton
Update Your Profile
It is unlikely that you would have a cause of action against a product manufacturer if your problem was purely an allergic reaction to chemicals that are in standard use. In this case however, given that you have used the product without issues in the past, there may have been some negligence on the manufacturers part for using "bad" chemicals. The place to start would be a chemical analysis of the product to determine the existence of "bad" chemicals.
Answered on Nov 29th, 2011 at 3:33 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
Michigan has the strictest law on the subject of "Products Liability" in the Nation. There is no indication that your allergic reaction is one that is common or one that they would have notice of. Therefore without permanent injury, you are unlikely to receive significant compensation from the manufacturer. I would write them a letter describing your situation and ask them to compensate you for the ER care.
Answered on Nov 29th, 2011 at 3:22 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
You may have a products liability claim. You should save the container and packaging that the product came in, and contact an attorney.
Answered on Nov 29th, 2011 at 3:13 PM