Information reporting
Notification of settlements or judgments
Calculation of 24-month periods
Information required to be reported
The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following:
The name and address of the manufacturer.
The model and model number or designation of the consumer product subject to the civil action.
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.
A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff.
in 1
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) 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.
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), nor shall such a statement of settlement amount be required under any other section of this chapter.
Report not deemed an admission of liability
The reporting of a civil action described in subsection (a) by a manufacturer shall not constitute an admission of—
an unreasonable risk of injury,
a defect in the consumer product which was the subject of such action,
a substantial product hazard,
an imminent hazard, or
any other admission of liability under any statute or under any common law.
Definitions
For purposes of this section:
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.
For purposes of this section,2
Source
(Pub. L. 92–573, § 37, as added Pub. L. 101–608, title I, § 112(b),Notes
Statutory Notes and Related Subsidiaries
Congressional Reports
The Consumer Product Safety Commission shall report to the Congress on the extent to which reports made to the Commission under section 37 of the Consumer Product Safety Act [15 U.S.C. 2084] have assisted the Commission in carrying out its responsibilities under such Act [15 U.S.C. 2051 et seq.]. The report—
shall provide aggregate data and not the details and contents of individual reports filed with the Commission pursuant to such section 37,
shall not disclose the brand names of products included in reports under such section 15(b) or 37 [15 U.S.C. 2064(b), 2084] or the number of reports under such sections for particular models or classes of products, and
shall include—
a comparison of the number of reports received under such section 37 and the number of reports received under section 15(b) of such Act,
a comparison of the number of reports filed with the Commission before the date of the enactment of this Act [
the total number of settlements and court judgments reported under such section 37 and the total number of rulemakings and enforcement actions undertaken in response to such reports,
recommendations of the Commission for additional improvements in reporting under the Consumer Product Safety Act.
The first report under paragraph (1) shall be due