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Design of sunscreen dispenser could lead to burns

In recent years the use of sunscreen by individuals of all ages has been touted to protect the skin of young and old alike. In addition to the short term effects of preventing skin irritation and discomfort due to sunburns, it also has positive effects long-term. Consistent use will reduce signs of premature aging and may even keep some from developing skin cancer, certain forms of which can be fatal.

Accepting this to be true, it is understandable why consumers in Pittsburgh would be upset that the use of certain sunscreens could, in fact result in burn injuries. These injuries are not burns from the sun, but rather fire. According to the producer of Banana Boat products, a recall has been issued for some of the sprays sold because it could cause the skin of the person who has applied it to catch fire. This has apparently occurred at least four times, when prior to the spray drying, a spark or flame occurs. The individuals impacted by the defect suffered burns.

The manufacturer, Energizer Holdings, has indicated that the hazard may be a result of the design of the spray valve used to disburse the sunscreen. It is thought that the particular spray valves used in the Banana Boat Sunscreen containers actually spray more that those of the competitors.

Products liability lawsuits can be filed in cases like this. There are several theories under which this can be done. In this case, in addition to asserting that the product produced is defective because of the period of time it remains flammable, there would likely also be a cause of action under the theory of design defect. This occurs when the defect or dangerousness is due to the way the product or its housing is designed.

Source: CNN, "Recall: Sunscreen could burst into flames on skin," James O'Toole, Oct. 19, 2012

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