Injured While Opening a Hard-to-Open Package?

Thursday, November 7, 2013

Injured While Opening a Hard-to-Open Package?

Written by Malman Law, reviewed by Steve J. Malman.

It happens more often than you think: someone is trying to get into a package such as a plastic blister pack or clam-shell, and they have to fetch their scissors or a knife to get it open. One false move and there’s an injury on hand, one that could have been prevented. Manufacturers know that their packaging is often difficult to get into, and there’s even something called “wrap rage,” which refers to the frustration someone experiences when dealing with particularly difficult packaging, but is it something that you can file a personal injury claim over?

Company Liability

Generally speaking, companies are not held liable for injuries sustained by people trying to open their packaging. Companies can’t be held responsible for the method by which their customers attempt to open their packages, just the product within the package. For instance, if injuries were caused by a product failure or malfunction, then a consumer could lodge a complaint against the company. But simple problems with difficulty opening plastic packaging are not grounds for things like lawsuits.

Other Product Issues to Note

If you sustain injury from something like spoiled packaged food or a product that malfunctions while you’re using it, it’s important to note everything that happened leading up to and during the event that caused your injury. Keep records of any medical bills you incur from the injury, then contact a personal injury lawyer who can help you determine what to do with the case. In some cases, manufacturers can be held liable for negligence if the products they are selling are dangerous to consumers. You’ll need documentation as well as, most likely, the original packaging for the product that caused the injury, in case it has important markings like lot number or ship date. 

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