Can You Sue a Sunscreen Company for your Burn?

sunscreen on a beachMost people think of sunburn as an uncomfortable mistake and a minor problem, but it can be a significant personal injury. People have required hospitalization as a result of 2nd and 3rd-degree burns, and it’s well known that sun exposure leads to aging of the skin and to skin cancer. Though the best protection against these risks is to stay out of the sun entirely, doing so is often considered unreasonable. Instead, we are advised to protect ourselves through the use of protective clothing, hats, and most importantly, sunscreen. But what happens if the sunscreen that we purchase and apply doesn’t deliver on its promise? Can you file a personal injury lawsuit against a sunscreen company if you get a sunburn?

 

The answer is yes. When a sunscreen is defective and doesn’t deliver on its promise of protection, you can hold its manufacturer responsible. It has happened in the past and is likely to happen again in the future.

 

The most notable instance of a sunscreen manufacturer being sued over its product’s failure is probably the case of Jessica Alba’s The Honest Company. The actress built a reputation by marketing a variety of products touted as being safe, and natural, free of toxins and chemicals. But shortly after its sunscreen reached the consumer market, people started complaining of severe burns that people suffered despite using the product. Though the company advertised that its lotion would stay on through 80 minutes of water exposure and that it would protect against UV rays, that turned out to be incorrect. As a result, many people – and children – got hurt.

 

In another personal injury class action lawsuit filed against five sunscreen manufacturers, people claimed that they had purchased the products based on the companies’ promise that they protected against UVA rays, when in fact they didn’t. They only protected against UVB rays.

 

Both of these suits were product liability lawsuits, filed against manufacturers who plaintiffs claimed had sold them defective products. Other sunscreen-related personal injury lawsuits have been filed against those who were responsible for applying the important protection to children.

 

Whatever the situation you find yourself in, if you believe that a personal injury you suffered was a result of negligence, you may be entitled to file a lawsuit seeking damages. For more information, contact our office today to set up a time for a free consultation.