By Sterling Anthony, CPP, expert witness in packaging, warnings, patent-infringement, cargo loading and securement
Synopsis of case
A woman applied a hair treatment. Soon thereafter, she lit a cigarette and her hair caught fire. By the time she extinguished the fire, she had suffered disfiguring burns. She was not aware of any hazard associated with the use of the product in combination with smoking. The ensuing litigation alleged an unreasonably dangerous product by virtue of inadequate warnings.
I was retained by the attorney for Plaintiff.
My opinions
The warnings on the label were inadequate because they did not address the hazard of flammability, in general, nor of smoking cigarettes or other tobacco products, in specific.
The literature is clear on a number of principles. A warning is needed whenever there is a hazard not obvious to a reasonably alert person. In circumstances in which a person has knowledge of a hazard, a warning still can be needed as a reminder. As to content, a warning should: contain a signal word reflective of the severity of the hazard; identify the hazard by type; convey the consequences; instruct on avoidance; and, if warranted, provide first-aid information. As to format, a warning should: be conspicuous; be unambiguous; and, when practical, use pictograms (icons) in addition to wording.
Facts unfavorable to the Defendant included: the product’s Material Safety Data Sheet acknowledged that the product is flammable and warned to keep away from open flame; even if the warning to keep away from open flame had appeared on the label, it would not have been specific enough to be associated with smoking; the manufacturer knew of other similar incidents involving its product; and, some of the labels on competitor’s products carried warnings about flammability, staying clear of open flame, and about not smoking while the product is wet on the hair.
Result
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