Can we sue the tanning lotion makers in a Florida court if their product caused our daughter to die? 4 Answers as of February 17, 2012

Can we do anything about this in court? Our daughter was 17 when she died. She and some friends were sick after using tanning lotion. She went home to wash off the lotion and passed out from toxic shock while still in the tub and drowned.

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Schwartz, Gold, Cohen, Zakarin, & Kotler
Schwartz, Gold, Cohen, Zakarin, & Kotler | David C. Kotler
My condolences for your loss. Without commenting on certain causation issues, there are a number of factors which go into proper venue/jurisdiction, however more likely than not since the product was marketed in Florida and used by a Florida resident suit would be appropriate here.
Answer Applies to: Florida
Replied: 1/28/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Joel Ewusiak
Sorry to hear about this horrible incident. In order to bring a claim against the tanning lotion maker, you will have to prove that the tanning lotion was the legal cause of your daughter's death. Most likely, you will need to hire an expert witness to analyze the substance of the tanning lotion to determine whether it could have created the alleged toxic shock. Additionally, you will need to investigate whether adequate warnings, if any, were outlined on the product label for the tanning lotion. In the end, this may be what is known as a "product liability" claim.
Answer Applies to: Florida
Replied: 2/17/2012
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
It's is certainly worth investigating. We would need death certificate and autopsy report
Answer Applies to: Florida
Replied: 1/28/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Yes, you can, so long as you obtain a medical opinion from a medical doctor that the lotion caused your daughter's death. I would assume that a medical examiner did an autopsy on your daughter, so the cause of death on the death certificate would suffice if it lists toxic poisoning secondary to the application of the lotion. You would absolutely need to consult with a lawyer, preferably a products liability attorney, since you would first need to have an estate set up since under Florida law, only the personal representative for the estate of the decedent is entitled to bring a wrongful death claim, so in my opinion you should seek a lawyer's representation.
Answer Applies to: Florida
Replied: 1/28/2011
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