Legal Question in Product Liability in Florida

Defective product

I bought a eyelash curler-LaCross brand Sally Hansen and it was defective as it pulled out several eyelashes to the point I have a gap in the middle. I compared my old one after it happened and notice the new one doesn't close properly against the rubber. Do I have any recourse? This is very embarrassing and research shows it may take 6 months to grow back.


Asked on 1/03/08, 1:35 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Defective product

Yes -- you have a claim assuming that the product is defective (although I don't know much about eyelash curlers!). Your problem is damages. Your eyelash will grow back and, while it probably is embarassing, you haven't been significantly hurt. You might contact the company and send them pictures of the defect in the product. DO NOT, HOWEVER, SURRENDER POSSESSION OF THE CURLER UNLESS THEY ARE WILLING TO ADMIT IN WRITING THAT IT WAS DEFECTIVE AND AGREE TO PRESERVE IT.

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Answered on 1/05/08, 10:26 pm


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