Am I entitled to any type of compensation for my skin being permanently pigmented?
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Am I entitled to any type of compensation for my skin being permanently pigmented?
Im a model and licensed esthetician, I recently attended cosmetology school. In my program I was told that I had to use these products called dermalogica to give and receive facials. I didn’t have any hyper-pigmentation nor acne before I attended school. I’ve been out of school for a few months now and I’m seeing a dermatologist. I’m still having breakouts and hyper-pigmentation. My dermatologist states that the hyper-pigmentation is permanent.
Asked on March 29, 2019 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
IF you can medically prove (e.g. with the testimony of a dermotologist who examines you and is prepared to testify in court if necessary that the products caused the condition), you may be able to sue *if* the products are inherently defective or unsafe, or if you were made to use them in an unsafe way. In that case, you could sue the product manufacturer (if it is inherently unsafe) or the school (if they had you use the product in an unsafe manner). But if there is nothing unsafe about the product or the manner of use but you simply had an unusual and unexpected reaction, then you likely could not successfully sue: a company or school is not responsible for every unpredictable or unexpected or atypical result, but only for consequences that are reasonable foreseeable or predictable. It is not the mere fact of harm to you that gives rise to a right to compensation; there must be fault, too.
As you can see, while you may have a case, it is not a given. It is also not a given what the case might be worth--much will depend on the impact on your potental earnings as a model.
Because there are so many factors that go into determining whether you may have a viable case or not, it would be worthwhile for you to consult with a personal injury attorney who can evalute the specifics of your case in detail. Many such lawyers provide a free initial consultation to evaluate a case; you can confirm this before making the appointment.
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