Case overview

A woman moving a large garbage toter in her yard tripped and was injured when she stepped on the open lid. She sued the manufacturer of the garbage toter, claiming its defective design was the cause of her injuries.

Our analysis began by examining the codes and standards applicable to this particular product. We then reviewed the accident history for the toter and examined the risks associated with using the device. Finally, we examined and assessed the viability of potential alternatives to the existing design.

The Result: Our analysis determined that the garbage toter was not defective and was safe for its intended use. Moving the toter with the lid open was a reasonably foreseeable misuse of operation. When the case went to trial, the jury shared our conclusion and ruled in the manufacturer’s favor.