More developments in “the case of the dangerously defective bra.” [Kevin Couch, Abnormal Use]
Chronicling the high cost of our legal system
by Walter Olson on May 10, 2011
More developments in “the case of the dangerously defective bra.” [Kevin Couch, Abnormal Use]
Tagged as: product liability, South Carolina

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If the dye really did bleed out and did permanently color the plaintiff’s skin, I don’t see why this is isn’t a valid case, albeit one for which I would question the size of the damages. On the other hand, I am surprised that a dye that would really be permanent would have been used or not detected by other purchasers. Most dyes merely color the outer layers of skin and therefore, even if they do not wash out, disappear in a few weeks when the skin cells slough off. To be truly permanent a chemical would have to penetrate rather deeply and not be broken down.
The allegation is that the bra’s straps permanently discolored her skin. During voir dire, plaintiff’s counsel needs to request to see all tatoos of all perspective jurors and try to get all of them off the jury. Also, if she has any tats, plaintiff’s counsel probably will want to have them removed before trial.
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