"Rubbing in eyes" is going to be a hazard with any kind of ointment; you either learn to be careful or do without. Can't say I ever thought about suing anyone because I used the Tiger Balm Red on a sore spot and then it did the predictable thing when it came into contact with my eyes.
I'm glad you have not thought of suing anyone, however, as a health care practitioner (although I have never been sued) one has to take care to not allow patients to be their own worst enemy. They tend to take it out on you when they do something wrong-even though you tell them not to and document it. Unfortunately, we cannot counter sue them for being stupid.