Title 15 — Commerce and TradeRelease 119-73not60
§2074 Private Remedies
Title 15 › Chapter 47— CONSUMER PRODUCT SAFETY › § 2074
Summary
Following federal safety rules doesn't remove liability under state or common law. The Commission's inaction can't be used as evidence in those lawsuits. Under sections 2055(a)(2) and 2055(b), despite 2055(a)(1), Commission reports are public but may not name injured people or caregivers without consent.
Full Legal Text
Title 15, §2074
Commerce and Trade — Source: USLM XML via OLRC
(a)Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under State statutory law to any other person.
(b)The failure of the Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product.
(c)Subject to section 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation report made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other related activities shall be public information.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. PreemptionThe provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.
Reference
Citations & Metadata
Citation
15 U.S.C. § 2074
Title 15 — Commerce and Trade
Last Updated
Apr 3, 2026
Release point: 119-73not60