If I was scarred by the use of a mole removal cream, what are my legal options?
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If I was scarred by the use of a mole removal cream, what are my legal options?
I have used an herbal mole removal cream to remove moles from my cheek, arm and neck. The product guarantees excellent results, which in fact I have achieved with the mole on my face. However after removing the mole on my arm and 2 on my neck I ended up with ugly scars, which look worse then the moles that I had. I contacted customer service via email and their representative confirmed that what I have are elevated scars and it’s the way my skin reacted to the cream. She also said that she has some scars from using their product. Can I have them pay for my scar removal treatment?
Asked on July 5, 2011 under Personal Injury, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is *possible* that you could get them to pay. The issue will be whether the product was negligently formulated (carelessly), negligently manufactured, and/or had negligent warnings and instructions for use. (Note: "intentionally" misleading instructions or deliberately insufficient warnings would also qualify to establish liability--generally, deliberate or intentional bad acts will establish liability even more certainly that negligent or careless ones.)
On the other hand, if there were warnings about possible side effects--e.g. something like "consult with a dermatologist if any redness or symptoms result," or "side effects include scarring," that may be enough to protect them. You could try submitting a claim directly to the manufacturer, but if they won't pay--which is very likely--you'll have to sue to establish liability and your right to compensation. You may wish therefore to first consult with a product liability or personal injury attorney, to evaluate the strenght and worth of your case. Good luck.
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