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Packaging Pros Need to Know Basics of Product Liability

No need to have a law degree for this layman-friendly advice.

Product Liability

A packaged product is an integrated whole comprised of two components: product and package. Product liability suits can target the packaging even when no claims are leveled against the associated product. The rationale is that if the packaging is faulty the packaged product is faulty. Product liability suits alleging personal injury caused by packaging vary as to industry, product, and circumstances. Such cases, nonetheless, are built on just a few principles.

Strict liability. If the package caused Plaintiff’s injury, liability is imposed, period. It’s not necessary for the Defendant to have done something wrong, nor to have otherwise been at fault.

Negligence. The Defendant owed Plaintiff a duty-of-care, that was not met, which caused personal injury.

Failure-to-warn. A product posed one or more hazards, such that its safe use depended on adequate warnings, but the absence of such warnings caused personal injury.

Breach-of-warranty. Any of three types of warranties were not honored. An expressed warranty is a guarantee conveyed in words and text. An implied warranty of fitness guarantees a consumer’s right to assume that a product is suited for its advertised purpose. An implied warranty of merchantability guarantees a consumer’s right to assume that a product is not defective.


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Through one or more of the aforementioned principles, it will be alleged that the packaging rendered the product unreasonably dangerous and/or defective.

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