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.
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.
(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 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.
(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.
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.
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,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.
(Pub. L. 92–573, §37, as added Pub. L. 101–608, title I, §112(b), Nov. 16, 1990, 104 Stat. 3115.)
Sections: Previous 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2101 2102 Next
Last modified: October 26, 2015