Because of studies linking hair straightener products to cancer, many individuals have begun filing lawsuits against the product manufacturers. Anyone who files a hair straightener lawsuit must prove they are eligible to do so. In other words, the burden is on the injury victim to provide evidence the product harmed them.
This is not an easy task to do because of evidentiary rules and other considerations. But working with a dedicated law firm will improve your chances of winning monetary compensation for your injuries. The mass tort attorneys of Rueb Stoller Daniel explain.
Who Is Eligible to File a Hair Straightener Lawsuit?
The first question that has to be answered is who is entitled to bring a hair straightener lawsuit? It helps to explain what the science currently says about these dangerous products.
The Journal of the National Cancer Institute recently found a link between hair straighteners and uterine cancer. The use of these products (also known as hair relaxers) at least four times a year could cause harm. Additionally, frequent hair relaxer users may have twice the risk of cancer versus those who do not use the product.
Black women, who frequently use these products, are especially at risk. They already experience a high rate of endometrial cancer, the most common form of uterine cancer. However, anyone who has used these products and developed cancer may be eligible.
Demonstrating Your Eligibility
The next question is simple. How do you prove you are eligible to file a hair straightener lawsuit? This is where you will need evidence linking the use of the product to your health problem. We will take a look at some of the evidence needed below.
The Hair Relaxer Product
Starting with the hair straightener itself, you have to prove you used it. Here is some possible evidence that may support the fact that you did:
- Any unused portion of the hair straightener (be sure to keep it stored somewhere safe)
- The packaging and instructions that came with the hair straightener product
- A receipt of purchase showing you bought the product
- Any shipping information if the product was mailed to you (e.g. Amazon transaction records)
- A copy of your bank statement indicating a purchase made at a cosmetics store
- An affidavit attesting to when you started using the product and how frequently you used it
The Medical Evidence
Next, you will need to prove you developed uterine cancer because you used the hair relaxer product. Your attorney may obtain medical evidence such as:
- Diagnostic and lab test results
- Treatment records (e.g. surgery, chemotherapy, or radiation)
- Medical appointment records
- Statements from your doctors or nurses
The more evidence you have demonstrating your eligibility, the better. Your lawyer may therefore use the following to support your case:
- Statements from family and friends about your use of the hair straightener product
- Posts you made on social media about using the product
- Internal records from the manufacturer of the product
- Third-party scientific data demonstrating the link between the product and cancer
- Personal records you kept or correspondence you sent regarding your health condition
Standing Up for the Rights of Injury Victims
All of the above evidence (and more) could also prove various types of damages in your hair straightener lawsuit. No matter what evidence you have, or don’t have, talk to an experienced mass tort attorney right away. Your lawyer can help you come up with the proof needed to demonstrate your lawsuit eligibility.
Reach out to Rueb Stoller Daniel today to learn more.