Read Blog
related attorneys
Related practice area
The Montana Supreme Court recently granted a new trial in a product liability claim stemming from an injury suffered by a nail salon operator, allegedly from the use of a liquid acrylic nail mix.
A jury had already weighed the plaintiff’s claims for defective manufacturing, failure to warn, and defective design in Kenser v. Premium Nail Concepts, Inc. and returned a verdict favoring the defendant.
On review, however, the state supreme court reversed, finding the trial court abused its discretion in a number of areas, including allowing certain defense expert witness testimony, denying the plaintiff an opportunity to cross-examine that expert witness, and issuing several erroneous jury instructions.
Our product liability attorneys recognize that many products and practices within the nail salon industry have been deemed unsafe in recent years.
The Occupational Safety & Health Administration recently issued a detailed warning, noting the various chemical hazards in nail salons. The notice indicates salon workers in particular are vulnerable to breathing in toxic vapors, dusts, and mists. Also, harmful chemicals can get in their eyes or be swallowed if accidentally transferred to food or cigarettes.
Some of the toxic chemicals identified include:
- Acetone
- Acetonitrile
- Butyl acetate
- Dibutyl phthalate
- Ethyl acetate
- Ethyle methacrylate
- Formaldehyde
- Isopopyl acetate
- Methacrylic acid
- Methyl methacrylate (MMA)
- Quarternary ammonium compounds
- Toluene
In the Kenser case, the chemical in question was ethyl metacrylate, which was contained in a chemical product made by the defendant and intended for use in the application of artificial acrylic nails.
The plaintiff operated a nail salon for 11 years and during that time routinely used the defendant’s liquid acrylic nail product. Beginning in 2008, the plaintiff began to experience rashes on her skin, painful boils on her face, and difficulty breathing.
A workers’ compensation doctor diagnosed her with a sensitivity to the chemical compound in the defendant’s product.
She then filed a products liability claim against the defendant manufacturer. Following a five-day trial, jury returned a verdict in favor of the defendant. However, before, during, and after trial, the court made numerous discretionary rulings, several of which the plaintiff appealed. (The defendant also cross-appealed the court’s denial of motions for directed verdict on the issue of punitive damages.)
The state supreme court reversed and remanded the case for retrial, and thus reserved the question on punitive damages.
The specific abuses of discretion noted by the state high court were:
and
Since these errors were not harmless, the state high court reversed and remanded.
The Ferraro Law Firm handles claims resulting from defective medical products or dangerous pharmaceuticals. Call (833) 497-4225 for a free and confidential consultation. Offices in Miami and Washington, D.C.
Frequently Asked Questions
Frequently Asked Questions
01.
How do I know if I have a valid product liability case?
You may have grounds for a lawsuit if you were injured by a dangerous or defective product, whether due to a design defect, manufacturing defect, or failure to warn. An attorney can assess your circumstances, including when and how injuries were sustained.
02.
What is strict liability, and how does it affect my claim?
Under strict liability, a manufacturer can be held liable for product defects without proving negligence. If the product was inherently unsafe or defective and caused harm, the manufacturer typically bears responsibility.
03.
How long do I have to file a product liability lawsuit in Florida?
Generally, Florida law imposes a statute of limitations on personal injury and wrongful death claims. Consult an attorney promptly to avoid missing key filing deadlines.
04.
Do I need a class action lawsuit if other people have the same issue?
Potentially, yes. Numerous similar claims might be combined into a class action. However, not all situations call for this approach—your attorney will advise on the most effective path.
05.
What if I can’t afford a lawyer?
Our free consultation and contingency fee model mean you pay nothing unless we recover fair compensation. This provides access to justice for all injury victims.
06.
Can Ferraro Law handle my case if I live outside of Florida?
Yes, Ferraro Law represents clients nationwide. Our experience in complex litigation ensures effective advocacy, no matter where you live.
have more questions?
Featured Articles
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
This post is directed on the care and understanding that I was shown by Bertha(Berta) on my recent claims. She has great understanding of the process and I received great timely help from her.
Faith G.
I had a great experience working with Ignacio at this firm on my insurance claim after a car accident. He handled everything professionally and on time. He took care of the details and saved me a lot of time and effort. The claim was successfully resolved, and I received my payout. I’m very satisfied with his work and highly recommend Ignacio and the firm.
Anton T.
I had an excellent experience working with Ignacio Segurola at The Ferraro Law Firm, P.A. From the very beginning, Ignacio was professional, knowledgeable, responsive, and genuinely caring. He took the time to listen carefully, explain everything clearly, and make sure I understood each step of the process. Thank you, Ignacio!
Mariana R.
Stephanie and all the folks at the Ferraro Law Firm were professional and excellent in handling my case. Even more importantly they were very kind and treated me like family. I would wholeheartedly recommend them to anyone. Thank Y’all so much.
Matthew F.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than 40 years, and have the resources you need to challenge any opponent!
