It’s the bane of every consumer- That ridiculously hard to get open “clamshell” packaging. I’m not sure of the technical name (which would be nice to know as well), but I’m positive it’s a pain in my ass. (As well as my hands)
So after a few beer with some buddies, the question arises- Could a class-action lawsuit be brought against the makers of this stuff if enough injuries were reported? At first I thought it was pretty silly- but after a google search I see that it has caused lacerated ligaments, tendons, etc.; Unfortunately I cannot find where anyone has ever claimed damages.
I have never had anything that bad happen to me-yet. Would it be enough for a few million people all having repeated minor cuts and injuries to bring suit?
This is purely hypothetical- I’m certainly not trying to spearhead a great consumer movement- Just curious.
If one takes a sharp knife or razor or scissors, one can cut all the way around the outside of the toughest blisterpacks ( which seem a stiffer polymer than blisterpacks of old ) and open them easily.
I’ve been cut a few times but that is my fault, not a flaw in the design of the packs. I’ve not opened them fully.
My experience is that the plastic is so thick and tough that scissors are ineffective, and that a razor or boxcutter will work but only if I need to exert enough pressure on it. So much pressure is required that it is not unusual to slip and get cut on a previously cut corner.
But the fact that you need such a device drives me batshit. I hate those packages, and have come very close to removing fingers opening them.
Sadly, we’re stuck with them. Manufacturers love them because they’re cheap and display the product nicely, and retailers love them because they help reduce “shrinkage” and take up less shelf space.
I once had to open a set of sharp kitchen knives that were in clamshell packaging. There was not enough space to really work a boxcutter in and stick in my fingers (which would have been cut by the plastic edge or the knives themselves). I tried scissors, but I was not able to cut through the cardboard backing. I eventually got some sheet metal snips and was able to get them out. I ended up nicking one of the knife handles in the process. This everyday simple consumer task ended up being a dangerous activity that I did not expect when I bought the knives. Sounds negligent to me, I’ll join the lawsuit!
After reading about them on the web, I’ve found that EMT shears do a good job of opening those packages without causing injury to the user. You can find them on eBay at very reasonable prices.
–snerk-- Of course not ! It is the moebus strip of packaging. ( And where the HELL is that thread on other languages when I need it? I wanted to umlaut over that “o” ! )
You buy the package cutter and then a secondary package cutter to cut the package cutter out of the package. It’s the “rinse, repeat” of the hand-tool world.
–snerk-- Of course not ! It is the moebus strip of packaging. ( And where the HELL is that thread on other languages when I need it? I wanted to umlaut over that “o” ! )
You buy the package cutter and then a secondary package cutter to cut the package cutter out of the package. It’s the “rinse, repeat” of the hand-tool world.
FYI… AFAIK, a blister pack is when there’s a moulded piece of plastic glued to and sticking out from a flat piece of cardboard. Not as annoying as the full-on clamshell pack, which is plastic on both sides, and many of which I am convinced are welded shut.
Whether or not you could be certified as a class is a separate question from whether or not the manufacturers/users of this packaging would be liable for the injuries. If the latter is true, you can probably get a class since the legal and factual questions are so similar among cases.
The real question is whether you could win on a products liability claim. I believe this would be a design defect product liability case. Generally speaking (since jurisdictions vary quite a bit on product liability), you’d need to prove that the risk of injury is known or knowable, that the risk isn’t too obvious (like burning yourself with a lighter), and that an available alternate design would prevent the injury. I don’t see an obvious reason why you couldn’t establish all three.
I’ve always thought we should all start asking cashiers to open those packages for us before we leave the store. If enough people did that, and it held up the checkout lines significantly, stores would be forced to ask that they be changed (or hire more cashiers which is unlikely). Not as glamourous as a lawsuit, but might also work.
