Table of contents
- Latest Paper Shredder Lawsuit Updates
- March 4, 2014: Court Lets Design-Defect Claim Proceed
- August 18, 2009: Thomas Family Sues Staples
- November 20, 2000: GBC Recalls Shredmaster 75X-2 Shredders
- What Is a Paper Shredder?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- Can I Sue If a Paper Shredder Injured My Child?
- What Did the Defendants Argue in the Thomas Case?
- What Does the Research Say About Paper Shredder Injuries?
- Are Only Children Hurt by Paper Shredders?
Home paper shredders have caught the fingers of children and adults, and some injuries ended in amputation. A Consumer Product Safety Commission staff report describes injuries ranging from contusions and cuts to lost fingers, with many victims under six.
No class action or MDL has been filed over paper shredder injuries. Individual product-liability claims exist, and Thomas v. Staples, a 2009 federal case, produced a ruling in 2014. A GBC Shredmaster model was recalled in 2000.
A Pediatrics case report summarized by Newswise says every paper shredder CPSC tested could let a child’s fingers reach the cutting blades. CPSC staff said the shredder kept pulling paper in and also pulled in the children’s fingers.
Latest Paper Shredder Lawsuit Updates
March 4, 2014: Court Lets Design-Defect Claim Proceed
Courthouse News reported that Chief Judge Petrese Tucker of the U.S. District Court for the Eastern District of Pennsylvania ruled that Staples and Executive Machines could not blame user misuse in Thomas v. Staples [1].
The design-defect claim survived. The court’s opinion granted summary judgment on the failure-to-warn and warranty claims [2]. Punitive damages were denied.
August 18, 2009: Thomas Family Sues Staples
The Thomas family sued Staples Inc. in federal court over a MailMate paper shredder injury to their 19-month-old daughter. Executive Machines Inc. dba Jeam Imports was added as a defendant in 2010.
November 20, 2000: GBC Recalls Shredmaster 75X-2 Shredders
The U.S. Consumer Product Safety Commission and General Binding Corp. announced a recall of about 3,000 GBC Shredmaster 75X-2 paper shredders. The shredders lack a protective shield over the blades, according to the CPSC recall notice [3].
What Is a Paper Shredder?
According to the CPSC staff report, paper shredders are machines used in consumers’ homes that pull paper into a shredder opening. The report is dated December 2004 [4].
Home models include the MailMate shredder in Thomas v. Staples and the GBC Shredmaster 75X-2, a model that lacked a protective shield over its blades.
Who May Be Affected?
CPSC investigations describe injuries that happened when a child fed paper into a shredder and did not release it in time. In the CPSC staff report, 15 of the 23 NEISS incidents involved children 5 years and younger.
Most shredders have auto start features, so a child can be at risk even when an adult is not present.
You may match these facts if you or your child was hurt by a home paper shredder, such as the MailMate in Thomas v. Staples or the recalled GBC Shredmaster 75X-2. Whether you qualify takes an individual legal review.
Reported Injuries or Damages
In Thomas v. Staples, the family alleges that on May 25, 2008, a MailMate shredder in their kitchen in Dallas, Pa., caught their 19-month-old daughter’s left hand. They allege two fingers were partially amputated and could not be reattached.
The CPSC staff report counted 23 NEISS finger injuries and eight IPII incidents from January 1, 2000 through December 31, 2003, ranging from finger contusion and laceration to amputation.
A Pediatrics case report by Warren and Foltin of New York University found that 22 of 31 home shredder injuries involved children under 12 [5]. Incident reports do not prove a shredder caused every injury.
Recall and Regulatory Background
The CPSC recall notice says consumers could suffer cuts or amputations of fingertips from the recalled GBC shredders. The units sold at office supply stores nationwide from August 2000 through September 2000.
Recalled units have serial numbers starting with MS or MT. The remedy was a free replacement or refund, and the units sold for about $139.
GBC was not aware of any injuries at the time. A recall does not prove liability, and the notice covers only that one model.
Evidence to Preserve
Keep these items if you can:
- The shredder itself, including the model and serial number label on the machine, if you still have it.
- The receipt, order confirmation or packaging that shows where and when you bought the shredder.
- The owner’s manual and any warnings that came with the shredder, kept together in one place.
- Photographs of the machine, the feed opening and the injury, taken as soon as you are able.
- Medical and hospital records, including any treatment of the hand or fingers after the injury.
- Notes on when and how the injury happened, written down while you still remember the details.
Filing Deadlines
State law sets the time limit for filing an injury claim. The limit varies with where you live and when the injury happened.
A child’s injury can follow different rules than an adult’s. A claim with strong facts can still end if the deadline passes.
A lawyer can tell you which deadline applies in your state and to your family’s situation, so ask promptly after an injury.
Potential Compensation
Where a claim succeeds, damages in a product injury case can include medical expenses, future medical care and pain and suffering. They can also include scarring or disfigurement, lost income and, for a child, long-term effects.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Any potential compensation depends on the injury and the medical records.
Frequently Asked Questions
Can I Sue If a Paper Shredder Injured My Child?
You may be able to sue if a paper shredder injured your child, as the Thomas family did. Courthouse News reported that the child’s mother had turned away to get candy when the baby’s hand was caught in the machine.
What Did the Defendants Argue in the Thomas Case?
The defendants in the Thomas case argued that the incident stemmed from the parents’ carelessness. Staples and Executive Machines made that claim in a 2011 third-party complaint. It was a defense claim and no court has made that finding.
What Does the Research Say About Paper Shredder Injuries?
Research on paper shredder injuries includes a CPSC staff report and a Pediatrics case report. The CPSC report gives no national estimate of injuries because of the small sample size, so its figures show reported cases only.
Are Only Children Hurt by Paper Shredders?
No, children are not the only people hurt by paper shredders. The CPSC staff report lists NEISS victims aged 14 months to 65 years and IPII victims aged 18 months to 20 years. Children made up most of the NEISS cases.