2015 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 47 - Consumer Product Safety (Sections 2051 - 2089)
Sec. 2074 - Private remedies
|Publication Title||United States Code, 2012 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 15 - COMMERCE AND TRADE|
CHAPTER 47 - CONSUMER PRODUCT SAFETY
Sec. 2074 - Private remedies
|Laws In Effect As Of Date||January 3, 2016|
|Source Credit||Pub. L. 92-573, §25, Oct. 27, 1972, 86 Stat. 1227.|
|Statutes at Large Reference||86 Stat. 1227|
|Public and Private Law||Public Law 92-573, Public Law 110-314|
§2074. Private remedies
(a) Liability at common law or under State statute not relieved by compliance
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.
(b) Evidence of Commission's inaction inadmissible in actions relating to consumer products
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.
(c) Public information
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.
(Pub. L. 92–573, §25, Oct. 27, 1972, 86 Stat. 1227.)
The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.
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