Can we take the tanning lotion makers to court if their product caused our daughter to die in Ohio? 3 Answers as of November 06, 2012

Our daughter went home to wash off a tanning lotion that had gotten her sick, and passed out from toxic shock. While she was still in the tub, she drowned. Can we take this company to court for this? Her friends that were with her got very sick after using tanning lotion also.

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Elk & Elk
Elk & Elk | Arthur Elk
The type of claim you are describing is called a products liability claim. A manufacturer can be held responsible for injuring or killing someone if 1) the product was defective; and 2) it proximately cause the injury or death. A product may be found to be defective if it has an unsafe design or formula (design defect) or if the particular product involved deviated from the original design or formula (manufacturing defect) and was unsafe. Products liability claims are complicated and expensive to pursue and you will likely need an attorney experienced in handling products liability claims to assist you. In Ohio, you have two years from the date of injury or death to settle your claim or file a lawsuit against the manufacturer and/or supplier or your claim will be forever barred, regardless of its merit. This is called the statute of limitations.
Answer Applies to: Ohio
Replied: 1/28/2011
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Generally, if a product caused your daughter to suffer from toxic shock and resulted in her death, you would be able to pursue a claim on her behalf. Of course, you would still have to prove liability and the actual cause of her death; however, I would recommend contacting an attorney as soon as possible to investigate this issue further. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our websites.
Answer Applies to: Ohio
Replied: 11/6/2012
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
I am very sorry for your loss. This a difficult question and cannot be answered in a few sentences. Would have to know a number of things such as was a autopsy performed? What is the brand of lotion? Also did the friends have to be treated for their exposure?
Answer Applies to: Ohio
Replied: 1/28/2011
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