Am I liable for injury from reselling product?

bear23

I am a reseller of cosmetic body art products on ebay as well as my own website and have had a customer send in photos of what looks like a contact allergy to one of these products; a raised rash where the product has been applied (little section of her forearm). I am obviously upset by this as instantly advised seeking medical attention with no further use of the product, as well as sending her correspondence to the product makers.
[FONT=&quot]I am now very worried about my legal responsibilities to her, with so many no win no fee solicitors about what rights do I have as a reseller? Am I liable or is it the manufacturer?
Thanking you in advance for any information given[/FONT]

Proc

I'm not entirely sure whether it's you or the manufacturer that are responsible.

To be honest though, to create as little fuss as possible for you and her, just ask her to return the product and offer her a full refund. Then you can close the matter and not have to worry about who is responsible and waste your time panicing over a completely mundane issue.

Pollycat

I'm not sure who's responsible either, but I hope Proc's suggestion satisfies your customer.

If I were you I'd check out your legal position in case you have any similar incidents in the future.
If it turns out to be your responsibility, you may need to consider taking out some sort of personal liability insurance to cover you.

Googlewhacker

bear23 wrote: »

I am a reseller of cosmetic body art products on ebay as well as my own website and have had a customer send in photos of what looks like a contact allergy to one of these products; a raised rash where the product has been applied (little section of her forearm). I am obviously upset by this as instantly advised seeking medical attention with no further use of the product, as well as sending her correspondence to the product makers.
[FONT=&quot]I am now very worried about my legal responsibilities to her, with so many no win no fee solicitors about what rights do I have as a reseller? Am I liable or is it the manufacturer? [/FONT]
[FONT=&quot]Thanking you in advance for any information given[/FONT]

As it is not food and is a product then surely the onus is on her to make sure that the product is safe for her to use providing that the ingrediants are correct on the product etc.

With any cosmetic product it will not be safe for 100% people to use and some people with be allergic to it and it is unfortunate it is her.

Offer a refund but DO NOT at any time admit liability!!!

The personal liability insurance is a good call!

bear23

thank you for your replies have drafted a reply to her and will see where it goes from there

Googlewhacker

It will probably be worth taking proper advice as well so you have a clear mind for the future

Tozer

You are primarily liable if you act in the course of a trade or business (which it sounds like you do). However - only if the item is actually faulty.

If you are liable, then your claim would be against the wholesaler who supplied you. If they are outside of the EU then you are also responsible under product liability laws. I would certainly take out insurance to cover this sort of risk.

pinkshoes

Does it say anywhere on the packaging that they may cause a reaction, or that the user should do a patch test?

Are you an official authorised vendor of the product (i.e. direct from the manufacturer)?

bear23

Yes I am an official reseller. My website does have a FAQ stating a patch test is recommended for people with sensitive skin as some people may be allergic to the ingredients used with the full list of ingredients contained within all things sold