The Consumer Product Safety Commission and its Impact on Product Liability Litigation

The Consumer Product Safety Commission (CPSC) plays a crucial role in the realm of product liability litigation. Established by the Consumer Product Safety Act (CPSA), the CPSC aims to safeguard the public from unreasonable risks associated with consumer products. Its primary functions include:

• Developing and enforcing safety standards: The CPSC has the authority to promulgate safety regulations for a wide range of consumer products. Swenson v. Emerson Electric Co., 374 N.W.2d 690 (Minn. 1985).
• Investigating and addressing product hazards: This includes the power to ban hazardous products, order recalls, and require manufacturers to implement corrective actions. Leachco, Inc. v. Consumer Prod. Safety Comm'n, 103 F.4th 748 (10th Cir. 2024).

Compliance with CPSC Regulations and Product Liability

While compliance with CPSC regulations is essential, it does not automatically shield manufacturers from product liability claims. The CPSA explicitly states that adherence to CPSC rules does not exempt manufacturers from liability under common law or state statutes. This means that even if a product meets all relevant CPSC standards, manufacturers can still be held liable for injuries caused by their products if a court determines the product to be defective or unreasonably dangerous. 15 USCS § 2074.

The CPSC's Role in Litigation

The CPSA includes provisions that govern the admissibility of CPSC actions (or inaction) in product liability lawsuits. Specifically, the statute prohibits the use of the CPSC's failure to address a product's safety as evidence in court. This provision aims to prevent plaintiffs from relying on the CPSC's lack of action as proof of a product's safety or the absence of a defect.

Private Right of Action

The CPSA grants individuals injured by knowing violations of CPSC rules a private right of action. This allows consumers to file lawsuits against manufacturers, distributors, or retailers who willfully violate consumer product safety rules or other CPSC orders. This provision provides an important avenue for consumers to seek compensation for injuries caused by non-compliant products. 15 USCS § 2072.

CPSC Regulations as Evidence in Litigation

CPSC regulations and actions can serve as valuable evidence in product liability cases. For example, a manufacturer's failure to report a potential product defect as required by CPSC regulations can be used to establish liability. Zepik v. Tidewater Midwest, Inc., 856 F.2d 936 (7th Cir. 1988). Non-compliance with these reporting requirements can have significant legal consequences for manufacturers.

Conclusion

The CPSC's regulatory framework plays a pivotal role in shaping product liability litigation. By setting safety standards, enforcing regulations, and providing avenues for consumer redress, the CPSC contributes to a safer marketplace and holds manufacturers accountable for the safety of their products.

  Jim Pattillo is a member of Christian Small, LLP’s Product Liability Practice Group. He is leading litigation counsel for insurance, product, and commercial clients and is based in the firm's Birmingham, Alabama office. Mr. Pattillo represents numerous product manufacturers including software companies, medical device and life science companies, commercial product manufacturers, and numerous other US based manufacturers and distributors. Mr. Pattillo focuses exclusively on litigation and trial work. He has a twenty-year trial record in the courtroom that is extensive and successful including numerous seven and eight figure exposures with results routinely exceeding client expectations.

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