The Medicube Age-R Booster Pro has been getting a lot of attention from influencers and the beauty community. The device purports to use LED light in different colors and a variety of other technology to improve pore size, improve skin elasticity, reduce acne, make skin more radiant, boost collagen and elastin production, and improve facial muscle tone through electrical stimulation.
Recently, though, some of that attention has turned negative. At least two users of the device have taken to social media to claim that the electrical stimulation triggered a medical condition called Bells Palsy. One of these users reported drooping in her eyelid, dilation of her pupil and impaired vision due to inflammation she says the Medicube booster caused. The other had facial paralysis on one side, significantly affecting the position of her lip and her speech.
Medicube Denies Any Connection to the Device
The company was quick to respond to these allegations with a statement saying that intensity of the device was insufficient to cause harm to the nerve and that clinical trials backed up that claim. They added language to their product listing categorically denying that the device was the cause of the reported nerve injuries.
Bells Palsy results from inflammation of the nerve that controls facial muscles, which is often–but not necessarily always–caused by a viral infection.
Product Liability in South Carolina
Currently, some Medicube booster users claim that the device caused nerve inflammation leading to Bells Palsy and the manufacturer insists otherwise. The publicly available information is nowhere near sufficient to draw a conclusion about whether the device may or may not have caused or contributed to the incidents of Bells Palsy reported.
Regardless of how this particular issue plays out, it raises the important question of how South Carolina law protects consumers from dangerous or defective products.
Strict Liability for Dangerous Products
- 15-73-10 of the South Carolina Code of Laws makes a seller responsible for injuries caused by a defective product that is unreasonably dangerous to the user, consumer, or their property. Unlike in most other areas of injury law, the injured consumer in a product liability case need not prove that the manufacturer or seller was negligent. They are liable even if they have taken all reasonable steps to ensure safety of the product if:
- They are engaged in the business of selling such products, AND
- The product is expected to reach the user or consumer without substantial change in condition, and does in fact do so
In simple terms, strict liability applies if:
- Someone in the business of selling a product
- Sells an unreasonably dangerous product
- That product is expected and does reach the consumer largely unchanged, and
- The user or consumer (or their property) is harmed due to the dangerous nature of the product
Other Types of Product Liability Claims
Although it’s not always necessary to prove negligence in a case involving a dangerous or defective product, many product liability cases do involve negligence claims. Multiple theories of liability can strengthen the case, and in some cases even possibly expand the possible remedies.
Another claim that is commonly included in a South Carolina product liability case is breach of warranty.
Talk to a Charleston Product Liability Lawyer
Product liability law may apply to a wide range of products, including:
- Toys
- Food
- Medication
- Tools
- Appliances
- Pesticides
- Cosmetics and other beauty products
- Cars or components of them such as air bags or tires
Of course, this is just a sampling of some of the most common types of products giving rise to product liability claims. If you have been injured by any type of product and believe that it was because the product was inherently dangerous, contained defective materials, didn’t include adequate safety warnings or was otherwise dangerously flawed, you should speak to a Charleston product liability attorney right away.
Attorney Frank Hartman has dedicated his career to helping people in and around Charleston get fair compensation after an injury. To learn more about how he can help or schedule a free consultation, call 843-300-7600 or fill out our contact form.