By Sterling Anthony, CPP, expert witness, packaging, warnings, patent-infringement, cargo loading & securement
Case synopsis
As he slept, a paraplegic man was severely burned on his lower body by the heating element of a water bed that had sprung a leak and flattened, resulting in close contact between the man’s body and the heating element. Because of his paralysis, the man was insensate below the waist and didn’t know that areas of his flesh were melting. He had to undergo a series of skin graphs and continuous burn care.
The manufacturer of the water bed was sued for failure-to-warn.
I was retained by the attorney for Plaintiff.
My opinions
It is reasonably foreseeable that water beds are used by people who have varying degrees of paralysis.
It is reasonably foreseeable that water beds can spring leaks.
It is reasonably foreseeable that water beds flatten when they lose water.
It is reasonably foreseeable that the heating element of a water bed can cause contact burns.
It is reasonably foreseeable that a paralyzed person, unaware of lying on a flattened heated water bed, can suffer burns, due to being insensate.
By virtue of all of the aforementioned, there was a reasonably foreseeable hazard, of a nature that necessitated adequate warnings.
The warnings should have alerted to the possibility of burns to those who are without sensation in parts of the body.
Lacking such warnings, the water bed had a marketing defect that was causal to Plaintiff’s injuries.
Results
The case settled.
Sterling Anthony, CPP, is a consultant to the industrial, institutional, and government sectors who also provides services to the legal community as an expert. He is a former manager at Fortune 100 companies and a former instructor at two major universities. His contact information is: 100 Renaissance Center-Box 43176, Detroit, MI 48243; (office) 313-531-1875; (cell) 313-623-0522; (fax) 313-531-1972; thepackagingexpertwitness@gmail; www.thepackagingexpertwitness.com