An Avvo user asked: “I posted this before, but still confused. Was trying to open a jar of Del Monte grapefruit. Was on far too tight and a result it exploded in my hand. My thumb was badly cut and it severed the nerve. I have to be on a computer all day for a living so slows me down and is just plain uncomfortable. The blood also messed up the carpet and my feet got cut in the glass. Del Monte sent me out claim forms. I don’t have a lot of money to go hand specialists etc… Should I try to do this myself or can a lawyer get me worthwhile compensation. They offered me a years worth of free grapefruit which I denied.”
Steve Ryneal responded: “Liability in your case depends on whether the jar of Del Monte grapefruit is legally considered “defective”. In order to win your case you have the burden to prove that the jar was is some way defective either in its design or manufacture or both. Of course you need to have sufficient evidence to prove up such an assertion. Evidence of potential defects may be found in the jar itself, so it essential to have the jar in your possession. You may also be able to do research on the internet and find out if other people have been injured in the same way that you have and whether they asserted a successful claim against the manufacturer.
It may turn out that this was a freak occurrence and there simply is no way to determine whether or not the jar was legally “defective”. Cases like these are very hard to prove so consulting an attorney experienced in defective products claims would put you in the best position to possibly bring a successful claim against the manufacturer.”