CPSIA At 18: How The Consumer Product Safety Improvement Act Shapes Modern Product Liability Claims
When consumers think of product safety, the first thing that comes to mind is product recalls. However, what many people do not know is that there is a federal law that manages these recalls, which changed consumer protection laws in the U.S. significantly: the Consumer Product Safety Improvement Act of 2008 (CPSIA). This law has already been in existence for more than a decade now and continues to have an impact on product liability law today.
Why the CPSIA was enacted
The CPSIA was enacted as a reaction to a spate of high-profile recalls involving lead-infested toys, dangerous cribs, and other toxic products. It gave more power to the CPSC to ensure the safety of consumers and to make manufacturers more responsible for any dangerous product that enters the market.
Among its more significant amendments, the CPSIA improved civil penalties, reporting, and tracking by the CPSC.
Mandatory hazard reporting and legal exposure
Perhaps the most important provision of the CPSIA is that manufacturers, imposters, and distributors of the product have to quickly notify the CPSC of any product that could cause a substantial risk of injury. Companies cannot wait until the injuries add up before notifying the CPSC. If a manufacturer takes too long to notify the CPSC, even after receiving reports of injuries, it can become the central theme of a lawsuit filed against them.
In any product liability lawsuit, proof of failure to comply with the CPSIA’s notification provisions can be used as proof that the manufacturer had early notice of the defect.
How CPSIA compliance intersects with product liability law
The CPSIA does not supplant traditional product liability theories; in many cases, it enhances them. The traditional product liability theories of design defect, manufacturing defect, and failure to warn are employed in the event of a serious injury to a consumer.
For example, in a case where a product was recalled because of a design defect, evidence that a manufacturer was slow in reporting violations of the CPSIA can aid an injured plaintiff filing a lawsuit. Another example is whether there was sufficient warning regarding the product, based upon what the manufacturers knew or should have known.
Recalls, penalties, and civil lawsuits
The CPSIA substantially increased the civil penalties that the CPSC can impose for non-compliance. While these penalties go to the government, they do not compensate consumers who are injured. Thus, civil product liability cases remain a necessity for those who seek compensation for their medical bills, lost wages, and long-term injuries.
Manufacturers may cite a recall as evidence that their behavior was reasonable. However, courts typically allow consumer lawsuits to go through even if the company recalled the dangerous product.
Talk to a Florida Product Liability Attorney Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured by a dangerous or defective consumer product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
