by Sterling Anthony, CPP, expert in packaging, logistics, marketing, and human factors.
Synopsis:
Plaintiff, a food worker sustained hand lacerations on the cutting strip of an institutional-size carton of aluminum foil, resulting in surgery and nerve damage. Plaintiff claimed that she dropped the carton and was injured trying to catch it.
Suit was brought against the manufacturer of the aluminum foil, alleging defective packaging and failure-to-warn.
I was retained by the Defense and delivered services culminating at trial.
My opinions:
The packaging was not defective and there was no failure to warn.
The cutting strip concept has been on all carton sizes of aluminum foil, literally ever since the products have been marketed; even so, it is regarded in industry as state-of-the-art.
Sharpness is an inherent quality of the cutting strip and can not be designed out.
The function and characteristics of the cutting strip are evident upon sight.
A carton flap folds over the cutting strip, serving as a safeguard, and must be lifted before the cutting strip can be used.
A warning about the sharpness of the cutting strip was conspicuously positioned on the carton flap.
Plaintiff’s attorney cited that the manufacturer of the aluminum foil also markets plastic wrap in cartons that have a cutting device incapable of lacerating; however, I countered that the device is incompatible with aluminum foil.
Plaintiff admitted that she was familiar with the cutting strip, having used it numerous times, at home and on the job; as such, I opined that, although there was a warning, it wasn’t needed.
Result:
Verdict in favor of Defendant.
Sterling Anthony’s contact information is: 100 Renaissance Center-Box 176; Detroit, Mi. 48243; 313-531-1875; www.thepackagingexpertwitness.com; thepackagingexpertwitness@gmail.com