The popular lip care company, EOS (Evolution of Smart Lip) has recently been hit with a variety of possible class action lawsuit lawsuits in the past two weeks alone. All four lawsuits, all naming different celebrities, claim that the popular celebrity-endorsed lipstick product causes serious dryness, burning and itching on consumers.
While it’s almost impossible to predict which of these lawsuits will be won, there is a new question that courts should consider: Is there a way for a consumer to sue a company for an injury caused by the defective EOS Lip Balm? This might seem like an unlikely question considering the damage control tactics used by the company during the recent crisis. However, the courts are now allowing plaintiffs to sue companies for injuries caused by products even if they were not sold by a celebrity.
Eos Class Action Lawsuit
First, let’s revisit the original question of whether or not there is a way for a lawsuit to be filed on behalf of consumers who have been affected by defective products without merit. It is certainly possible for a class action lawsuit to be filed on behalf of anyone who has suffered injury due to a product that was sold without merit. There are cases in which this has been done successfully.
For example, in a case against a cosmetic company, a federal judge ordered the company to pay out $4.35 million because their “inferior” lip balm caused patients to suffer rashes, allergic reactions and other health issues.
The difference here is that the company was selling lip balm products to customers in Florida without any knowledge that rashes, allergic reactions and other health problems could arise from using them.
Without merit is the key word in this instance. If a plaintiff is able to prove that the product was inherently dangerous to begin with, then he or she may be able to win his or her case with a class action lawsuit. Unfortunately, in most cases the courts require that these lawsuits are brought by “substantive” medical claims or injuries that could only come about through the use of the product.
This is why it is vital that you hire an experienced personal injury attorney if you are filing a lawsuit on your own.
If you simply want to file a lawsuit on your own without the help of an attorney, then the process will be much more difficult. When an attorney is involved with class action lawsuits, the process becomes much easier to handle because the plaintiff is required to provide documentary evidence in order to support his or her claim. This documentation often includes the results of physical examinations, doctor’s notes, and so forth.
In order for an eos lawsuit to meet the requirements of the courts, then it must be brought on the basis of “tortious and unreasonable” behavior by the defendant.
Simply put, in order for the plaintiff to collect damages from the manufacturer of the product, he or she has to show that the product was designed with serious defect that causes injury. This requires a lengthy process of documenting every defect, every step of design, and every step of manufacturing, until such time as the manufacturer has consented to a settlement and agreed to a complete and total recall of the product. Only after such a painstakingly detailed process has been completed will an class action lawsuit confirm that the manufacturer has met or exceeds all safety and quality standards.
In order for your eos lawsuit to be valid, it is essential that you document all your interactions with the manufacturer.
Specifically, you should include all photographs of the products, all packaging, and all correspondence. Once you have gathered this documentation, you should always refer back to it whenever your lawsuit moves forward. You should never forego or neglect to keep all documentation for the manufacturer of the defective endproduct. Your lawsuit will not succeed without the evidence that the manufacturer knowingly sold you an unsafe product and failed to take reasonable care in designing, maintaining, and storing it.