15 U.S.C. § 2072 — Suits for damages
submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 274 words · no verdicts yet
This section allows a person injured by a knowing violation of a consumer product safety rule or Commission rule or order to sue for damages. It also addresses costs and preserves other remedies.
(a) Persons injured; costs; amount in controversy. A person injured because someone knowingly, including willfully, violated a consumer product safety rule* or another Commission* rule or order may sue that violator in a United States district court where the defendant lives, is found, or has an agent. The injured person may recover the damages suffered and, if the court finds that justice requires it, the costs of the lawsuit, including reasonable attorney and expert-witness fees. The amount in dispute must exceed $10,000, not counting interest and costs, unless the defendant is the United States, one of its agencies, or an officer or employee sued in an official capacity.
(b) Denial and imposition of costs. Unless a United States statute expressly provides otherwise, if a plaintiff is finally found entitled to recover less than $10,000, calculated without considering a setoff or counterclaim the defendant may receive and without interest and costs, the district court may deny costs to the plaintiff and may also charge costs to the plaintiff.
(c) Remedies available. The remedies in this section are additional to, and do not replace, remedies available under common law or federal or state* law.
Any person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule*, or any other rule or order issued by the Commission* may sue any person who knowingly (including willfully) violated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of justice, recover the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 2060(f) of this title) and reasonable expert witnesses’ fees: Provided, That the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and cost, unless such action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.
Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Federal or State* law.
Source credit: (Pub. L. 92–573, § 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96–486, § 3, Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97–35, title XII, § 1211(h)(3)(B), Aug. 13, 1981, 95 Stat. 723.)
- 1972Enacted · Pub. L. 92-573 · 86 Stat. 1226
- 1976Amended · Pub. L. 94-284 · 90 Stat. 507
- 1980Amended · Pub. L. 96-486 · 94 Stat. 2369
- 1981Amended · Pub. L. 97-35 · 95 Stat. 723
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.
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