15 U.S.C. § 2074 — Private remedies
submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 186 words · no verdicts yet
This section preserves common-law and state-law liability despite compliance with consumer product rules. It limits the use of the Commission’s inaction as evidence and requires specified Commission reports to be public.
(a) Liability at common law or under State* statute not relieved by compliance. Following consumer product* safety rules or other rules or orders under this chapter does not remove a person’s liability to another person under common law or State statutory law.
(b) Evidence of Commission’s inaction inadmissible in actions relating to consumer products. In a common-law or State-law case about a consumer product, the Commission’s failure to act or start a proceeding about the product’s safety may not be admitted as evidence.
(c) Public information. Subject to sections 2055(a)(2) and 2055(b), and despite section 2055(a)(1), (1) an accident or investigation report made under this chapter by a Commission* officer or employee must be made public in a way that does not identify an injured person or a person treating that person, unless the identified person consents; and (2) all reports about research projects, demonstration projects, and related activities are public information.
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.
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.
Subject to sections 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.
Source credit: (Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.)
- 1972Enacted · Pub. L. 92-573 · 86 Stat. 1227
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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