I applied factor 50 sun cream but still got badly burnt - can I get compensation? Consumer lawyer DEAN DUNHAM replies

I got badly sunburnt recently while using SPF 50-rated sunscreen. Can I ask for my money back?

T.T., via email.

Dean Dunham replies: If the sunscreen you used was mistakenly or falsely advertised as providing SPF 50 protection, then you will clearly have good grounds to claim for a refund for the cost of the product – as well as compensation for any injuries or losses you suffered.

However, if the sunscreen was properly labelled, the position is different – and it can be far harder to succeed with legal action.

You would be claiming that the sunscreen was defective, contrary to the Consumer Protection Act 1987 (CPA).

A product is deemed defective under the CPA when it fails to meet the standard of safety that the public at large is generally entitled to expect.

Painful: Can you get compensation if the factor 50 sun screen you bought doesn't do the job 

It’s rather difficult with a product such as sunscreen, as it will be up to you to prove that it is defective. You will have to deal with the manufacturer’s claims that it could have been misuse on your part or down to individual circumstances.

For example, the manufacturer could say you did not put on enough cream or did not apply it often enough.

Alternatively, it could be claimed that the sunscreen was not fully effective if you have recently had cosmetic skin treatment – which could increase skin sensitivity – or even if you tend to sweat more than the average person.

The point I am making is that it is easier for manufacturers of the likes of sunscreen to defend defective product claims than it is for consumers to successfully prove them. 

And, unfortunately, a recent ruling from the highest court in the land, the Supreme Court, in its definition of ‘defective products’ favours the manufacturers more than consumers.

If you were able to prove that the sunscreen was defective or if the manufacturer admitted this, you would then need to prove that you suffered a loss or injury.

Evidence of the sunburn will pave the way for a small amount of compensation, but producing medical proof of lasting damage would increase your claim greatly.

If you think you are in this category, you should contact a personal injury solicitor to help with your claim.

Help, I've lost my dry-cleaning ticket 

I’ve lost my dry cleaning ticket and the firm I used won’t track my clothes without it. What are my rights?

H.T., via email.

Dean Dunham replies: Traders must take ‘reasonable care and skill’ when providing a service under the Consumer Rights Act 2015.

For dry cleaners, this means they must clean your garments in a professional manner and take good care of your property, following reasonable steps to ensure it is not damaged, lost or stolen. 

In light of this legal requirement you can see why dry cleaners typically will not hand over garments without a valid dry cleaning ticket or receipt, as this would leave them vulnerable if they were to hand clothing over to someone falsely posing as a customer.

Were this the case, the rightful owner would understandably claim compensation under the Consumer Rights Act and it is difficult to see how the dry cleaning firm would be able to defend their actions.

However, to enforce the rule of only handing garments on the production of a valid ticket or receipt, the firm must have clearly communicated this to you at the point you handed in your garments and agreed to use its service.

This may be via prominent signage in the shop or clear wording brought to your attention on the receipt. If it has failed to do this, you will be able to claim you are not bound by the rule and claim compensation for the garments – unless it retrieves them for you.

If it adheres to this (and most firms do), it will simply be a case of speaking to the staff nicely, providing a detailed description of the clothing (including any distinguishing features or marks, if applicable) and even proof of purchase (if you have this), in the hope they will assist you.

Perhaps the firm will agree to locate the garments and give them to you if no one else produces a valid ticket or receipt for them in the next two to four weeks.