by Sterling Anthony, CPP, expert in packaging, marketing, logistics, human-factors, and warnings.
Synopsis
A worker for a parcel-post delivery service was manually sorting packages off a conveyor. One of the packages was a corrugated box containing an industrial blade. The blade had cut through the box, resulting in exposure of the sharp edge. Unaware of said exposure, the worker suffered lacerations to one of his hands, causing permanent damage to nerves and ligaments.
The worker sued the manufacturer of the blade, alleging defective packaging, an unreasonably dangerous product, and failure-to-warn.
I was retained by the attorney for the Plaintiff.
Opinions
Because the blade was packaged loose inside the box, the resulting freedom of movement allowed the sharp edge of the blade to contact against the box, eventually cutting through it.
Because the box was oversized relative to the dimensions of the blade, the relationship increased the ability of the blade to move inside the box.
It was reasonably foreseeable that an unrestrained sharp blade can cut through a corrugated box, a common-sense example being a box-cutter instrument.
It was reasonably foreseeable that the size and weight of the blade would give impetus to contacts against the box, sufficient for the blade to cut through the box.
It was reasonably foreseeable that the physical forces (impacts, vibrations, compressions) encountered throughout the parcel post delivery environment would increase the already reasonably foreseeable probability that the blade would cut through the box.
There was no printed warnings on the box that it contained a sharp-edged instrument; as such, Plaintiff was never on notice as to the hazard.
There were alternative ways to package the blade for safety, and such ways were technologically and economically feasible.
Result
The case settled.
Sterling Anthony, CPP, can be contacted through: 100 Renaissance Center, Box 176, Detroit, MI 48243; 313-531-1875; thepackagingexpertwitness@gmail.com; www.thepackagingexpertwitness.com