By Sterling Anthony, CPP, expert witness in packaging, warnings, patent-infringement, cargo loading & securement
Synopsis
A young man and woman went camping. That first night, they used a portable charcoal-burning grill to cook outdoors. Upon retiring, they brought the grill and the rest of their gear into the tent. The following day, they were discovered dead, having died from carbon monoxide poisoning, the source of which was the charcoal.
The ensuing litigation, alleging wrongful death due to unreasonably dangerous product and a failure-to-warn, was brought against the manufacturer of the grill, the manufacturer of the charcoal, and the retailer that sold the items.
I was retained by the attorney for the Plaintiff and testified at trial.
My opinions
It was known by both manufacturers that lit charcoal emits carbon monoxide, which can be fatal inside enclosed quarters.
It was known by both manufacturers that charcoal can seem to be exhausted, but, in truth, still be burning and emitting carbon monoxide.
It was reasonably foreseeable that a person, mistakenly believing that charcoal is no longer burning, could take the grill containing the still-lit charcoal into enclosed quarters, such as a tent.
It was reasonably foreseeable that the hazard of carbon monoxide poisoning posed by still-lit charcoal taken into enclosed quarters might not be obvious to a reasonably alert and safety-conscious person; therefore, a warning was warranted.
The warning should be conspicuous and unambiguous while communicating the nature of the hazard and instructing on how to avoid harm.
Without adequate warnings, the grill and charcoal were rendered unreasonably dangerous.
Result
Verdict for Plaintiff.
Footnote: There are now federal regulations mandating that charcoal carries warnings on the packaging, and the Consumer Product Safety Commission cited this case, among others.
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