Product Liability Lawyers

A strict lability offense involves a plaintiff who attempts to prove they have suffered harm regardless if the defendant did something wrong or not – basically a manufacturer is responsible for its product.

Products liability involves combination of contract law and tort law. Tort related components of a product liability claim, may include negligence, deceptive practices, or strict liability. Contract related components are primarily related to laws pertaining to warranties. Because of the dual nature of product liability law an injured party may be able to bring a number of claims against a defendant. Some of these claims might include breach of implied or expressed warranty, negligence or fraud.

Yes. The statute of limitations in the state of Texas for product liability claims is 2 years from the date of the accident in many cases. However, sometimes a claim must be brought sooner or can be brought later depending on the particular facts of the case. A product liability lawyer needs to analyze your particular facts to make this determination. For example, a statute of repose can extend the amount of time available to file a claim.

Most often the defendant will attempt to prove that the product in question was not in fact defective or that the plaintiff did not use the product properly or as directed or instructed and that this misuse led to avoidable harm or death to the plaintiff.

A legal procedure where a plaintiff or a small group of plaintiffs act on behalf of a larger group or class of plaintiffs who have all suffered similar injuries or damages. A class action must have a common defendant or defendants. Class actions can arise from injuries that are physical or financial in nature (and less commonly, certain types of nuisances). These plaintiffs work together against the defendant(s) as a class in order to seek remedy for the entire group through a class-action lawsuit or a settlement resulting from negotiation prior to entering the courts. The final awarded compensation or settlement is then divided between the members of the class based on various criteria agreed upon by the class at large. Class actions are commonly utilized in product liability claims, defective vehicle claims and toxic torts.

CONSUMER PRODUCTS THAT CAUSE INJURIES AND DEATHS

• All terrain vehicles (ATVS), Four-Wheelers, Three-Wheelers, Off-Road Vehicles
• Utility Vehicles, Golf Carts
• Beds, Bed Frames, Mattresses, Bed Rails, Bunk Beds
• Bedding, Blankets, Pillows, Sheets
• Bicycles
• Scooters, Skateboards, Mopeds, Hoverboards
• Furniture, Shelves, Stands, Cabinets, Desks, Chest, Buffets, Tables
• Recliners, Chairs, Sofas, Sofa Beds, Couches, Davenports, Futons
• Inflatable Furniture
• Baby Furniture, Cribs, Nurseries, Bassinets, Cradles, Strollers, Playpens
• Baby Bottles, Baby Bouncer Seats, Riding Toys, Baby Mattresses, Car Seats, Baby Swings
• Toys, Inflatable Toys, Motorized Toys
• Swings, Swing Sets, Playground Equipment
• Swimming Pool Equipment, Water Toys
• Bathroom Fixtures, Tubs, Showers, Bathtubs, Hot Tubs, Spas, Shower Surrounds, Shower Enclosures
• Appliances, Dishwashers, Refrigerators, Ranges, Cooktops, Ovens, Microwave Ovens, Stoves
• Slicers, Choppers
• Clothing, Sports Clothing, Eveningwear, Nightwear, Day wear, Accessories
• Heaters, Grills, Heating Systems, Fireplaces, Water Heaters, Electric Heaters, Gas LP Propane Heaters
• LP or Propane Tanks, Gas Tank Adapters, Butane Tanks, Gas Patio Heaters, Grills
• Candles. Candlesticks, Candle Holders
• Fireworks
• Lawn Equipment, Lawn Mowers, Trimmers, Edgers, Sheers, Pruning, Leaf Blowers, Trimming
• Tools, Sprayers, Cutters, Chain Saws, Table Saws, Other Saws
• Power Cords, Electrical Equipment, Outlets, Panel Boards, Circuit Breakers, Fuses, Wire, Extension Cords
• Surge Suppressors, Power Strips
• Generators, Power Plant
• Batteries and Battery Chargers, Battery Adapters, Electrical Adapters
• Sports Equipment, Exercise Equipment
• Ladders, Ramps, Landings, Stools, Stands, Risers, Step Ladders, Steps, Stairs, Stepladders
• Tree Stands (Hunting)
• Elevators, Lifts
• Overlay
• Buckets, Pails, Containers, Plastic Bags
• Household Cleaners
• Car Parts
• House Repair and Construction Materials, Flooring and Flooring Materials, Windows, Window Glass

There are several federal laws and regulations that refer to dangerous products and the manufacture and or sale of potentially dangerous products in the United States. The following list contains several of the acts, laws, regulations and governance for consumer products.

Consumer Product Safety Act (CPSA)

Starting in 1972, this law established the Consumer Product Safety Commission (CPSC) and defines CPSC’s governance. It also dictates that the agency develop standards, pursue recalls and establish product bans, in many cases.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_cpsa.pdf?epslanguage=en

Associated Regulations (Subchapter B) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl

Consumer Product Safety Improvement Act (CPSIA)

A 2008 law amended the Consumer Product Safety Act. This law empowers the Consumer Product Safety Commisison with the enhanced capacity to regulate and enforce actions. This law defines procedures for civil and criminal penalties. In addition it establishes SaferProducts.gov, product, testing, third-party certification, and removes certain limitations for funding. CPSIA covers all terrain vehicles, toys, phthalates, imported products, lead, and many other specifics

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_cpsia.pdf

CPSIA webpage: https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/The-Consumer-Product-Safety-Improvement-Act

Public Law 112-28: Updates to CPSIA

In 2011, Public Law 112-28 amended the Consumer Product Safety Improvement Act to provide the Consumer Product Safety Commission with increase powers to enforce safety laws for consumer products.

View the law: https://www.gpo.gov/fdsys/pkg/BILLS-112hr2715enr/pdf/BILLS-112hr2715enr.pdf

Children’s Gasoline Burn Prevention Act (CGBPA)

This law governs portable gasoline containers manufactured for sale in the US. It went into effect after January 17, 2009. It requires manufacturers to conform to the requirements set forth for child resistant packaging.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_gascan.pdf

Federal Hazardous Substances Act (FHSA)

The Federal Hazardous Substances Act requires various household products deemed hazardous to possess labels warning consumers of the potential for hazards. The law provides the CPSC with the authority to regulate hazardous substances, toys or other items made for children. The law also provides the authority to ban products under certain conditions.Some of the products covered by Federal Hazardous Substances Act regulations: electrified childrens toys, bicycles, bunk beds, playpens, strollers, and pacifiers.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf

FHSA Website: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/FHSA-Requirements

Associated Regulations (Subchapter C) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl

Child Safety Protection Act (CSPA)

The Child Safety Protection Act amends various parts of the Federal Hazardous Substances Act regarding choking hazards in children’s products. The regulations in CSPA require warning labels on specific products. It also requires that importers, manufacturers, retailers, and distributors report specific kinds of choking accidents.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_cspa.pdf

Associated Regulations for the Reporting of Choking Accidents: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=86e2015ed014c58054d7bf071379ba8a&rgn=div5&view=text&node=16:2.0.1.2.34&idno=16

Associated Regulations for Misbranded Toys and Other Products: http://www.ecfr.gov/cgi-bin/text-idx?SID=e43b50542892f687fe555b4ddcc570f8&mc=true&node=se16.2.1500_119&rgn=div8

Flammable Fabrics Act (FFA)

The Flammable Fabrics Act governs highly flammable clothing and interior furnishings. Under Flammable Fabrics Act, CPSC has the power to issue standards. Some examples of these FFA standards are for vinyl plastic film, clothing textiles, carpets, rugs, mattresses and pads, abd sleepwear for children.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_ffa.pdf

Associated Federal Regulations (Subchapter D): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl

Continuing Guaranty Information https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/Flammable-Fabrics-Act/Frequently-Asked-Questions-for-Continuing-Guaranties-under-the-Flammable-Fabrics-Act-and-Filed-with-the-Commission

Labeling of Hazardous Art Materials Act (LHAMA)

The Labeling of Hazardous Art Materials Act amends the Federal Hazardous Substances Act (FHSA) to establish the ASTM Standard Practice for Labeling Art Materials for Chronic Health Hazards. It requires that art materials that pose a chronic hazard must have a warning.

View the law: (See Section 23): https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf

Associated Federal Regulations (Section 1500.14(b)(8)): http://www.ecfr.gov/cgi-bin/text-idx?SID=34d0d78d2daaef7966157cb46200b4cb&mc=true&node=se16.2.1500_114&rgn=div8

Poison Prevention Packaging Act (PPPA)

The Poison Prevention Packaging Act requires safe child-resistant packaging on a number of household substances.

View the law: https://www.cpsc.gov/s3fs-public/pppa.pdf

PPPA Website: https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/Poison-Prevention-Packaging-Act

Associated Federal Regulations (Subchapter E): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl

Refrigerator Safety Act (RSA)

The Refrigerator Safety Act mandates that refrigerators be manufactured with a mechanism that allows the refrigerator door to be opened from the inside of the refrigerator in order to reduce the risk of entrapment.

View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_rsa.pdf

Associated Federal Regulations: http://www.ecfr.gov/cgi-bin/text-idx?SID=2c0c02646a877cdac492a220aef31090&mc=true&node=pt16.2.1750&rgn=div5

Virginia Graeme Baker Pool and Spa Safety Act (VGB Act)

This act includes a swimming pool and spa drain cover standard requiring public pools to be equipped with anti-entrapment drain covers and a means of prevention suction entrapment hazards that are present under certain circumstances.

View the law: http://www.poolsafely.gov/about-us/

Associated Federal Regulations: https://www.gpo.gov/fdsys/pkg/CFR-2011-title16-vol2/pdf/CFR-2011-title16-vol2-part1450.pdf

Child Nicotine Poisoning Prevention Act of 2015 (CNPPA)

The Child Nicotine Poisoning Prevention Act of 2015 requires nicotine housed in a liquid nicotine container to be in a “special packaging” as defined by the PPPA and in accordance with the Commission’s regulations at 16 C.F.R. §§ 1700.15 and 1700.20.

View the law: https://www.cpsc.gov/s3fs-public/Child-Nicotine-Poisoning-Prevention-Act-of-2015.pdf?dP0dJfd7W9yxKnITmmmObcVRQCo9fA0G

Visit CNPPA Webpage: https://www.cpsc.gov/CNPPA

Drywall Safety Act of 2012 (DSA)

The Drywall Safety Act of 2012 requires that drywall follow the labeling standards in ASTM C1264-11, “Standard Specification for Sampling, Inspection, Rejection, Certification, Packaging, Marking, Shipping, Handling, and Storage of Gypsum Panel Products.” It also establishes compliance rules for limitations on sulfur content in ASTM C1396-14a, “Standard Specification for Gypsum Board.”

View the law: https://www.cpsc.gov/s3fs-public/Drywall-Safety-Act-of-2012.pdf?j817wTrwm5VjIy8LPe9JCbxJXA9LaFs3

Visit Drywall Business Guidance Webpage: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/Drywall

Safe Sleep for Babies Act of 2021

H.R.3182 – 117th Congress (2021-2022): Safe Sleep for Babies Act of 2021

Reese’s Law

https://www.cpsc.gov/s3fs-public/Reeses-Law-BILLS-117hr5313enr.pdf?VersionId=yCvXItSDW0BmJksk.yeJaLlu7YucXqhc

Portable Fuel Container Act of 2020 – 15 U.S. C. § 2056d.

https://www.cpsc.gov/s3fs-public/Portable-Fuel-Container-Act-of-2020-15-U-S-C-2056d.pdf?VersionId=QnE1F5Y8.5BHx8E9B8drze5kQX0Ew8gD