by Sterling Anthony, CPP, expert witness in packaging, marketing, logistics, human-factors, and warnings.
Synopsis
A warehouse worker was injured when a stretch-wrapped, pallet load suddenly collapsed, causing an upper tier of cartons of products to fall on him.
A personal injury/product liability suit was brought against the company that assembled the load, alleging strict-liability and negligence, stemming from defective packaging.
I was retained by the attorney for the Plaintiff.
Opinions
The contents weight, as established by the Box Manufacturer’s Certificate, was exceeded, thereby rendering the cartons unfit for their intended purposes, both from a performance standpoint and from a regulatory standpoint.
The bottom tier of cartons extended beyond the perimeter of the pallet, beyond industry standards, producing an overhang that reduced the stability of the load, in addition to reducing the load’s stacking strength.
The load exceeded recommended height, as set by industry standards, thereby increasing the load’s susceptibility to collapse.
Corner posts constructed of corrugated paperboard had been placed inside each carton for stacking strength; however, only three posts per carton left one corner without a post, resulting in said corner having less stacking strength.
Photos taken of the collapsed load showed that a carton on the bottom tier had a corner that had “blown out.” Subsequent inspection revealed that the failed corner had no corner post.
Whether severally or in combination, the defects were the direct and proximate cause of the collapse; furthermore, the collapse was reasonably foreseeable.
There were ways to construct a pallet load for stability and for safety, ways that were technologically and financially feasible.
Result
The case settled.
Sterling Anthony, CPP, is an expert witness specializing in packaging, marketing, logistics, human-factors, and warnings. Contact information: 100 Renaissance Center, Box-176, Detroit, MI 48243; 313-531-1875; thepackagingexpertwitness@gmail.com; www.thepackagingexpertwitness.com