A woman selected a six-pack carton of cola from the shelf in the store. Holding the carton in one hand by the handle, and a bag of groceries in the other, she left the store and proceeded to cross a street.


At that time the six bottles fell through the bottom of the carton and struck the street, shattering glass fragments into the air, which struck plaintiff in the eye causing her to lose her eye. Liability was successfully maintained against the carton manufacturer based on unsafe carton design (it was scored along the bottom) and use of unsafe materials, as well as failure to use water resistant resins.

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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