Anyone with children or an interest toward electronic devices is well aware of what the retail industry calls the “clamshell.” It is the infuriating clear plastic packaging that takes substantial time, brute force, and sometimes spilled blood to open. Although I generally keep these packages as a nuisance, I was surprised to hear that they are the legitimate cause of injuries throughout the country.According to the New York Times, 6000 Americans end up in the emergency room as a result of trying to open these packages. That is 6000 Americans who had to show up at school or work the next day and tell an embarrassing story of how they got their bandages. You may be asking why on earth is this posted in the New Mexico injury lawyer blog. Please understand that I have never heard of anyone pursuing legal action for such a case, and I believe that any such cases would face many difficulties.
However, what is comforting is that the retailers including Amazon.com and other toy manufacturers have heard their customers complaints and are attempting to return to the simple cardboard box to package their merchandise. From a New Mexico product liability lawyer‘s perspective, this story is a unique example of businesses taking it upon themselves to fix dangerous or unsafe products, or in this situation packaging.
By the same token, what is amazing about this story, is that manufacturers will bend their policies to prevent their customers from suffering aggravation and minor injuries. However, when it comes to serious harm that many products pose, manufactures and retailers are less likely to intervene. Many New Mexico product liability cases occur because a dangerous defect or condition is known, but not seen as important enough to resolve or fix. Either way, I’m just glad that there is hope that I won’t spend future holidays and birthdays swearing over my workbench trying to pry open a toy horse.