Can I File a Personal Injury Claim from an Allergic Reaction to Sunscreen?

Can I File a Personal Injury Claim from an Allergic Reaction to Sunscreen?

Protecting your skin by using sunscreen is important when out in the sun. Regardless of whether or not it is the top sunscreen on the market, protecting your skin is vital. Despite this, people have reported that by wearing sunscreen they experienced an allergic reaction. Can a personal injury lawsuit be filed against the company if you suffered from an allergic reaction? 

Personal Injury Case Liability

In most cases, it is likely that the company that makes the sunscreen is liable for the injuries that you received. It’s also possible that the store that sold the sunscreen to you may also be responsible. A product liability case is the type of personal injury claim you may be entitled to file if the sunscreen gave you an allergic reaction. To file a claim there must be four things in place: 

  1. Damage or Losses: You must be able to show that you had an allergic reaction to the sunscreen and sustained injuries as a result.
  2. That the duty of care was violated: If the sunscreen company was aware that their product could cause a reaction and did not disclose this information on the label, they potentially have violated the duty of care. 
  3. Proximate Cause of the Accident: This means that your allergic reaction must be the direct result of a violation of the duty of care. 
  4. Duty of Care: When a company sells a product for people to purchase and use, it is their responsibility to disclose any side effects or adverse outcomes from using the product. The product must be safe for people to use. 

Compensation You May Be Entitled To

There are several factors that must be considered when evaluating the compensation you may be entitled to receive in a sunscreen personal injury lawsuit. This may include: 

  • Mental and Emotional Suffering
  • Medical Expenses
  • Lost Wages
  • Pain and Suffering

Accessing an experienced personal injury attorney can consult with you surrounding the details of your particular case and weigh in on the damages you may be entitled to based on the information you provide.

If you have had an allergic reaction to sunscreen, you may decide to file a personal injury claim. Consulting with a personal injury lawyer can help by going over the specifics of your case and determining the appropriate next steps. A personal injury lawyer in Lakeland, FL from a law firm like David & Philpot, PL could help you better understand the best legal route for you and your case and if you will be able to attain any compensation that you may be entitled to. Much of the time, consulting with a personal injury attorney to discuss your case is free of charge.