can anyone give legal advice regarding product liability?

Question

i bought a product that claimed to be a sunblock, used it 4 times during a 5 1/2 hr time period at a waterpark according to directions on label. long story short my little bro recieved 2nd degree sunburn i have been looking for reviews on this product and stumbled across a few pages that list the criteria for sunblock vs sunscreen appearantly to be considered a sunblock a product has to contain a physical barrier such as zinc oxide or titanium dioxide, this product does not, yet on the label it says sunblock, not sunscreen, it is an spf 50 waterproof, product for kids my bro had to see a dr to be treated for this and is in a lot of pain any suggestions for what we can do?

to ph he most certainly did need to see a dr he had second degree burns with blisters the size of dimes it was reapplied several times during the day

a sunblock MUST contain a physical block from the sun a sunscreen does not have to meet this requirement this product says its a sunblock

well in spite of what the aad page says this product is clearly labeled to be a sunblock i guess they arent keeping up with the latest health info huh and to think that they are one of the biggest makers of sun protection in the us

conveniently enough a different brand was used on our faces and no burns were recieved there

either way a product with an spf of 50 applied often throughout the day on a child who was then made to wait for a half an hour before returning to the water should have better results than this even his pediatrician said that the burn would have been similar for this time period without sunblock so there was virtually no protection on a product with a 50 spf

Answer 1

Anyone can give you a lay opinion on legal matters, but only a licensed attorney can offer you their professional legal opinion.

Your brother should save the sunscreen and the receipt and contact a lawyer. (If he tries to handle it without a lawyer and without filing a lawsuit, the company may choose to ignore him until the statute of limitations runs out on his claim.)

You can contact the Dept. of Consumer Affairs or the FDA if you just want the sunscreen to be recalled.

Answer 2

well, you'll also have to confront the due diligence on your part.
there are warnings about keeping yourself covered while in the sun with a hat or towel. and to cover up every so often so as not to get sunburned

did your bro go into the water as well? Did you immediately reapply the lotion once he toweled to get dry? how often did he go into the water?

your story is lacking in details, and its hard to say if its the products fault or your fault for not doing your due diligence in keeping your bro safe from getting a sunburn.

There are plenty of resources out there:
http://www.lifespan.org/services/dermatology/articles/skincare/suntips.htm
http://www.ftc.gov/bcp/conline/pubs/health/sunkids.shtm

that cover why you should be diligent on how you behave in the sun.

Sunscreen or Sunblocks are ONE form of prevention, but its not a 100% guarantee prevention, YOu have ot use a comibination of techniques (ie hat, towel., robe, umbrella) to prevent a bad sunburn.

and on research, the claim about being a sunblock vs sunscreen, is highly dubious. A sunblock CAN contain Zinc oxide or and titanium dioxide, but it doesnt mean that the sunblock NEEDS to contain these ingredients in order to be considered a sunblock. The only thing that matters is the SPF rating and as well as your due diligence on reapplying said lotion, once its been rubbed off after swimming or exposure to wate for long periods of time (including sweat)


Edit to add:
Did you keep him covered when he was in the sun playing (ie shirt? hat? sunglasses?) and out of the water?

Word of Note; according to the AAD (American Academy of Dermatology) states taht the term Sunblock is no longer used:
http://www.aad.org/aad/Newsroom/factsunscreen.htm

And that everything that is sold is a sunscreen. weird huh?

Answer 3

Your first step should be to write a demand letter to the quality control department of the company, explaining your story and asking for reimbursement of the medical bills. The company should have to submit that to their insurance company. If you don't get any sort of response from them, or are not satisfied with the response, I would consider contacting an attorney, who could either attempt to negotiate with them or initiate a lawsuit against them.

Answer 4

Your legal responsibility cannot be signed away. You can also be held dependable for any fireplace harm, injuries, and/or deaths involving your merchandise. Of path the celebration protecting you dependable might ought to turn out they used the product because it was once meant and used fair care.