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What are the legal recourses against products liability?

Consumerism and capitalism is a vital essence of the American way of life. American businessmen and businesswomen, however, are not without any accountability, as every businessperson is responsible for the product he or she sends out in the open market for consumption by customers.

Protecting consumers from faulty and defective products is vital for the consumer market. The Consumer Product Safety Improvement Act has been enacted in order to protect consumers. Safety of products which are used by infants and toddlers is especially important for authorities.

Products meant for children are thus at the helm of consumer protection laws. The Act establishes that every product meant for consumption by children's safety be compliant with the Act. A four-pronged test has been developed by the Act for consumer protection:

  • First, all products have to comply with all child safety policy rules enshrined by the government.
  • Second, the products so developed for child safety have to be tested by the laboratories. Some exceptions may be made in such cases as per the law.
  • Third, the certificates thus issued have to be written evidencing that the product is compliant with all child safety rules.
  • Last, all such children's products must have tracking information which can be verified by the consumers.

Even manufacturers of products not meant for children's consumption, whether manufactured in the domestic market or imported from other countries, have to show a certificate showing that the product complies with all general rules. When a product has been found to be negligent and a customer has suffered an injury because of it, he or she may be able to initiate a products liability lawsuit against the manufacturer.

Source: CPSC.gov, "The Consumer Product Safety Improvement Act (CPSIA)", accessed on Nov. 27, 2014

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