Partner Christie Grymes Thompson was quoted in a Business 2 Community article discussing companies’ obligation to report safety defects to the Consumer Product Safety Commission (CPSC). When making the decision whether to file a report, Ms. Thompson commented that product manufacturers have to weigh factors, including if the consumer was misusing something, if there is a pattern of defects, and the nature of the risk. She also advised companies to never try to avoid a recall by not reporting incidents, especially since the CPSC has been cracking down.
Ms. Thompson noted, “Companies struggle with when to report to the CPSC . . . if the risk is maybe a little bump, it probably wouldn’t trigger an obligation to report but if the risk is cutting off a body part or a concussion or something that’s more significant, then that would likely trigger an obligation to report.”