By Sterling Anthony, CPP, expert in packaging, marketing, logistics, and human-factors.
Synopsis
A manufacturing company used a certain chemical supplied in 55-gallon steel drums. The chemical was volatile and inflammable, and as such, was classified as a hazardous material. The company had a contract with a third-party company for hauling away the empty drums.
An employee at the manufacturing company knew a man who operated a sideline business of selling barbecue grills that he fashioned from 55-gallon steel drums.
The employee, allegedly without disclosing the man’s sideline business, sought and received permission for the man to buy some empty barrels. There came a time when the man was allowed to load his pickup truck with empty barrels.
Subsequently, the man was using an acetylene torch on a barrel: however, it still contained residual fumes of the chemical. An explosion resulted, causing disfiguring injuries from burns and from shrapnel.
The man sued the manufacturing company for negligence stemming from failure-to-warn.
I was retained by the attorney for Plaintiff.
Opinions
The company gave Plaintiff the barrels without warning Plaintiff that they had contained a hazardous material and without warning Plaintiff of related safety considerations.
The company gave Plaintiff the barrels without any inquiries as to Plaintiff’s intentions.
Defendant’s claim of not knowing that Plaintiff intended to repurpose the barrels did not absolve Defendant of its duty to warn.
The company, via its contract with a specialty hauler, had evidenced that it was aware that the safe hauling of the barrels and their safe ultimate disposal required knowledge and expertise.
The Defendant made available to its employees material safety data sheets detailing the hazards associated with the subject chemical; yet, Defendant did not put the Plaintiff on notice in any way.
Defendant gave Plaintiff the barrels having removed all labels and placards identifying the once contents as a hazardous substance; as such, Plaintiff was not on notice from those types of warnings.
Result
The case settled.
Sterling Anthony, CPP, can be contacted via 100 Renaissance Center-Box 176, Detroit, MI 48243; 313-531-1875; thepackagingexpertwitness@gmail.com; www.thepackagingexpertwitness.com