When a product is designed or manufactured defectively, and someone gets hurt as a result of the defect, the injured party may file a product liability suit against the various parties involved in the creation and sale of the product. However, product liability claims are not just limited to defects in the product itself. Many lawsuits also stem from defects in the packaging of the product.
Product liability claims may mention faulty packaging
The injured party may argue that the product was defective or unreasonably dangerous as a result of the packaging. The packaging design or the packaging itself may also be dangerous or defective. Defective packaging may include:
- Broken glass or broken containers
- Broken seal causing contamination of products
- Hazardous packaging materials
- Labeling errors
- Inadequate warnings and instructions
- This issue may result in a number of legal claims including:
- Strict liability: If the defendant’s packaging itself caused an injury, the defendant will be strictly liable for the injury caused, even if they were not negligent.
- Failure to adequately warn: If the defendant’s failure to provide adequate warnings, warning of the product’s hazardous nature, caused an injury, the packaging company may be held liable.
- Negligence: The defendant may be liable if it breached its duty of care owed to the injured party.
- Breach of warranty: The defendant’s product breached an implied warranty of fitness in that it was not suitable for its advertised purpose or breached an express warranty of merchantability by being defective.
If you were injured by a defective product with defective packaging, you may file a product liability claim to recover damages. An attorney based in the Houston area can review the facts of your case and advise you on next steps.