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Consumer Product Safety Act
15 U.S.C. Section 2084
§ 2084. Information reporting
(a) Notification of settlements or judgments
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) of this
section 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) of this section, 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) Calculation of 24-month periods
The 24-month periods referred to in subsection (a) of this section
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) Information required to be reported
(1) The information required by subsection (a) of this section to be
reported to the Commission, with respect to each civil action described in subsection (a)
of this section, 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 (FOOTNOTE 1) 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.
(FOOTNOTE 1) So in original. Probably should be capitalized.
(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) of
this section 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) of this
section, nor shall such a statement of settlement amount be required under any other
section of this chapter.
(d) Report not deemed an admission of liability
The reporting of a civil action described in subsection (a) of this
section 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) Definitions
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, (FOOTNOTE 2) 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.
(FOOTNOTE 2) So in original
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