Products Liability Claims Based on Defective Packaging
Most of us, when we purchase consumer products, assume that what we are buying will not only be effective, but will also be safe to use. Unfortunately, this is not always true. In fact, dangerous consumer products cause thousands of injuries every year. While these injuries are often the result of the use of inferior materials during manufacturing, or even the utilization of an inferior design, some are instead caused by problems with how a product was packaged. It is, however, possible to hold manufacturers accountable for their use of faulty packaging if their decisions led to a consumer’s injury, so if you were hurt by a consumer product, it is critical to speak with an experienced Fort Lauderdale personal injury lawyer who can help you file a claim.
Protecting Consumers with Proper Packaging
While companies are often primarily led by what will attract the most customers when designing packaging for their products, they are also legally required to take safety into account. To this end, packages should be relatively easy to handle, open, store, and even throw away. A package that doesn’t satisfy these requirements could not only damage a product, but could even hurt consumers. To avoid this, manufacturers are required to protect consumers from potentially hazardous features, which includes providing clear, complete instructions on the usage of the product in question and warning of potential hazards.
Do I Have a Defective Packaging Claim?
Just because a person is hurt while opening a package does not mean that he or she will automatically have a products liability claim. A person could, however, have a claim against a manufacturer if he or she sustained an injury because:
- A company didn’t include safety warnings, or included warnings that were difficult to understand or read;
- A package contained broken containers or broken glass;
- A package’s seal was broken, resulting in the contamination of the products within;
- The company used hazardous packaging materials; or
- There were labeling errors on the package.
The types of legal arguments that an injured party uses to prove this type of claim will depend in large part on the specific facts of the case. An injured claimant could, however, be able to argue breach of warranty, negligence, a failure to warn, or even strict liability. Plaintiffs who are able to satisfy the elements of these types of legal claims could be entitled to compensation for their medical expenses, lost wages, and pain and suffering.
Set Up a Free Consultation Today
If you were injured due to a company’s use of defective packaging, you could be entitled to compensation not only for your economic losses, such as medical bills and lost wages, but also for losses that are more difficult to calculate, such as your pain and suffering in enduring the injury. For help seeking compensation for your own injury, please contact the experienced products liability lawyers at Boone & Davis by calling 954-566-9919 today. You can also set up a free case review with a member of our legal team by completing one of our brief online contact forms.