15 U.S.C. § 2084 : US Code - Section 2084: Information reporting

Search 15 U.S.C. § 2084 : US Code - Section 2084: Information reporting

(a) Notification of settlements or judgments
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.
(b) Calculation of 24-month periods
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.
(c) Information required to be reported
(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.
(d) Report not deemed an admission of liability
The reporting of a civil action described in subsection (a) of
this section by a manufacturer shall not constitute an admission of
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(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.
(e) Definitions
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.