Product Liability: The Quest to Protect Us From Ourselves

Unintentional injury is the leading cause of death among teenagers and adults 15 to 44. According to the Centers for Disease Control (CDC), more than 43,000 people between 15 and 44 died in 2013 as a result of unintentional injury. When all age groups are considered, unintentional injuries are the fourth leading cause of death in the US.

Within the purview of “unintentional” are deaths resulting from consumer products. Nearly half of the unintentional injury deaths resulted from the use or misuse of a consumer product. Accidental poisoning leads the way with nearly 50 percent of reported consumer products related unintentional injury deaths (33 percent of all unintentional injury deaths).

When someone is injured by a consumer product, lawsuits occur. Rarely are injured users of consumer products credited with any sense, common or otherwise, or charged with by juries any responsibility for their contribution to the injury. If the product contributed to the injury, plaintiff counsel contends, the product is obviously defective or the consumer wasn’t adequately warned by the manufacturer (regardless of the fact that thousands of others use the same product without incident).

Legends, true, not completely true and so far out that they sound true, surround the development and history of warning labels. Snopes.com even gets in on some of these urban tales. The best known of these legends chronicles the lore behind the picture on lawn mower decks showing fingers being unceremoniously cut off by the spinning blades. History repeats the story as follows.

Rather than take the time and trouble to find the hedge trimmer, a lazy, “do-it-yourself” yardman reportedly decided to use his readily available, already running push mower to trim his hedges. When he reached down to pick it up, he was shocked when his fingers were removed from his hands. His lawsuit against the manufacturer claimed that nothing indicated that he could not use the mower in that manner. A jury agreed and he palmed the money (sorry). Voila, the picture of fingers being cut off if stuck under the mower deck. Incidentally, the validity of this account cannot be proven or disproven, it is likely true.

Reported and actual products-related lawsuits have lead to the attachment of some unusual product warning labels – intended to protect us from ourselves. As you prepare for Halloween, Thanksgiving and Christmas, reflect on some of these labels and think how much “crazy” there must be when we are so limited in the manner in which we are allowed to use products (some of these really spoil all the fun).

Directions for the use of a collapsible baby stroller my wife and I purchased: Step 1 – Remove baby. (Did they really have to write this? My wife and I figured it out right off, when it wouldn’t close properly.)

Hair dryer warnings:

• Do not use while bathing.(But it’s such a timesaver)
• If dryer falls into water, do not reach into water. (What do they expect me to do, unplug it?)
• Do not use near or place in water. (You are in the bathroom for goodness sake).
• Do not use while sleeping. (I don’t know how many times I’ve awakened styling my hair.)

Warning on a bag of cotton balls: Warning-Flammable! (Glad they told me, I won’t use them to put out that fire my hair dryer caused.)

Inflatable mattress warnings:

• Do not step or jump on bed or use as a trampoline. (Boy, are my kids gonna be disappointed.)
• Amazingly, it did not say that it was not a floatation or life saving device, so I guess it…whoops, it does say: Do not use around water.

Curling Irons are dangerous, too:

• Warning: This product can burn eyes.(Well, how do you curl your hair?)
• For External Use Only! (Ummmm…)

Electric rotary drill: “This product not intended for dental use.” (What, does it void the warranty?)

As printed on a cardboard automobile sunshield: “Do not drive with sunshield in place.” (How do they expect me to keep the sun out of my eyes?)

Found on bottle of mildew remover: Use only in well ventilated area. (If it were well ventilated, there wouldn’t be mildew.)

Superhero costume warns: Cape does not enable wearer to fly. (“It says whaaaaa” (thump!!))

Plastic bags used to protect clothes until you get them home from the dry cleaners: This bag is not a toy. Please discard. Keep away from small children.(And my favorite warning) Do not place in baby crib.(Kids just aren’t allowed to learn the hard way anymore.)

On a clothes iron: Do not iron clothes while on body.(Unless you like the smell of burning flesh.)

On a package of firecrackers: Waning: Explosive! (If they weren’t, we’d sue the manufacturer for that.)

Seen on a bottle rocket package: Do not put in mouth! (Words preceding this stunt,”Hey, watch this.”)

Have A Happy And Safe Season!