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Title 15, Commerce and TradeRelease 119-110

§2074 Private Remedies

Title 15 › CHAPTER 47 — CONSUMER PRODUCT SAFETY › § 2074

Last updated Sep 22, 2026|Official source

Summary

Following federal safety rules does not stop a person from being held legally responsible to others under common law or state law. Also, the Commission’s choice not to act about a product cannot be used as evidence in lawsuits under common law or state law. Under sections 2055(a)(2) and 2055(b), and despite 2055(a)(1), accident and investigation reports made by Commission staff must be made public without naming injured people or their caregivers unless those people agree, and reports on research, demonstration projects, and similar activities are public.

Full Legal Text

Title 15, §2074

Commerce and Trade, Source: USLM XML via OLRC

(a)Liability at common law or under State statute not relieved by compliance
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)Evidence of Commission’s inaction inadmissible in actions relating to consumer products
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)Public information
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

Sep 22, 2026

Release point: 119-110