§2084 — Title 15 Commerce and Trade | U.S. Code

Summary

A manufacturer must tell the Commission when the same model of a consumer product is involved in at least three lawsuits that end in a final settlement or a judgment for the plaintiff for death or very serious injury during a 24-month period. The maker must file the report within 30 days after the settlement or judgment in the third such case, and then within 30 days after any later settlement or judgment in that same 24-month period. The 24-month periods start January 1, 1991, and then begin again every two years on January 1. Each report must give the maker’s name and address, the model and model number, whether the case alleged death or grievous bodily injury (and the injury category if grievous), and whether it ended in a settlement or plaintiff’s judgment. If there was a judgment, the report must include the case name, number, and court. A maker may also say if the judgment is on appeal or add other facts. The report does not have to state settlement amounts and does not count as admitting fault. Grievous bodily injury covers very serious harms such as amputation, loss of major body functions, severe burns or shocks, disfigurement, internal disorders, and injuries likely needing long hospital stays. A “particular model” means a version of a product that is different in design, construction, warnings, user group, or other safety-related features.

Title 15, §2084

Commerce and Trade — Source: USLM XML via OLRC

(a)If a particular model of a consumer product is the subject of at least 3 civil actions that have been filed in Federal or State court for death or grievous bodily injury which in each of the 24-month periods defined in subsection (b) result in either a final settlement involving the manufacturer or a court judgment in favor of the plaintiff, the manufacturer of such product shall, in accordance with subsection (c), report to the Commission each such civil action within 30 days after the final settlement or court judgment in the third of such civil actions, and, within 30 days after any subsequent settlement or judgment in that 24-month period, any other such action.

(b)The 24-month periods referred to in subsection (a) are the 24-month period commencing on January 1, 1991, and subsequent 24-month periods beginning on January 1 of the calendar year that is two years following the beginning of the previous 24-month period.

(c)(1)The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following:

(A)The name and address of the manufacturer.

(B)The model and model number or designation of the consumer product subject to the civil action.

(C)A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury.

(D)A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff.

(E)in 11 So in original. Probably should be capitalized. the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned the civil action, and the court in which the civil action was filed.

(2)A manufacturer furnishing the report required by paragraph (1) may include (A) a statement as to whether any judgment in favor of the plaintiff is under appeal or is expected to be appealed or (B) any other information which the manufacturer chooses to provide. A manufacturer reporting to the Commission under subsection (a) need not admit or may specifically deny that the information it submits reasonably supports the conclusion that its consumer product caused a death or grievous bodily injury.

(3)No statement of the amount paid by the manufacturer in a final settlement shall be required as part of the report furnished under subsection (a), nor shall such a statement of settlement amount be required under any other section of this chapter.

(d)The reporting of a civil action described in subsection (a) by a manufacturer shall not constitute an admission of—

(1)an unreasonable risk of injury,

(2)a defect in the consumer product which was the subject of such action,

(3)a substantial product hazard,

(4)an imminent hazard, or

(5)any other admission of liability under any statute or under any common law.

(e)For purposes of this section:

(1)A grievous bodily injury includes any of the following categories of injury: mutilation, amputation, dismemberment, disfigurement, loss of important bodily functions, debilitating internal disorder, severe burn, severe electric shock, and injuries likely to require extended hospitalization.

(2)For purposes of this section,22 So in original. a particular model of a consumer product is one that is distinctive in functional design, construction, warnings or instructions related to safety, function, user population, or other characteristics which could affect the product’s safety related performance.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Congressional Reports Pub. L. 101–608, title I, § 112(f), Nov. 16, 1990, 104 Stat. 3117, provided that: “(1) The Consumer Product Safety Commission shall report to the Congress on the extent to which reports made to the Commission under section 37 of the Consumer Product Safety Act [15 U.S.C. 2084] have assisted the Commission in carrying out its responsibilities under such Act [15 U.S.C. 2051 et seq.]. The report—“(A) shall provide aggregate data and not the details and contents of individual reports filed with the Commission pursuant to such section 37, “(B) shall not disclose the brand names of products included in reports under such section 15(b) or 37 [15 U.S.C. 2064(b), 2084] or the number of reports under such sections for particular models or classes of products, and “(C) shall include—“(i) a comparison of the number of reports received under such section 37 and the number of reports received under section 15(b) of such Act, “(ii) a comparison of the number of reports filed with the Commission before the date of the enactment of this Act [Nov. 16, 1990] and after such date, and “(iii) the total number of settlements and court judgments reported under such section 37 and the total number of rulemakings and

Enforcement

actions undertaken in response to such reports, “(iv) recommendations of the Commission for additional improvements in reporting under the Consumer Product Safety Act. “(2) The first report under paragraph (1) shall be due

February 1, 1992, and the second such report shall be due

April 1, 1993.”

§2084 Information Reporting

Summary

Title 15, §2084

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Enforcement

Citations & Metadata