ABA Family Legal Guide

Personal Injury

Strict Liability

Product Liability

I suffered a severe allergic reaction to some cosmetics I used and needed medical treatment. May I recover money from the manufacturer?

Perhaps. Did the manufacturer warn you that the cosmetic could cause such a reaction? Some courts normally will not hold the manufacturer liable for failing to warn you of the risk of an adverse reaction unless you can prove that an ingredient in the product would give a number of people an adverse reaction. You also must prove that the manufacturer knew or should have known this and that your reaction was because you were in that group of sensitive people, and not because you are hypersensitive. In addition, courts will determine whether you used the product according to the directions provided with it. Misuse is a defense recognized in strict liability. If the court does not find strict liability, you still might recover on a negligence claim.