Consumer Protection Law and Agencies

Numerous federal and state statutes, regulations, and safety orders concerning a variety of products might be helpful in proving a product liability case. Showing that a defendant violated a statute or other applicable regulation gives a plaintiff an outstanding advantage. In addition, legislation such as the Consumer Products Safety Act might provide for a direct civil action by an injured consumer. Also, there are specific federal statutes that address products such as aircraft, automobile equipment, boats and boating equipment, insecticides, medical devices, hazardous substances, highway safety, household refrigerators, packaging to protect children, mobile homes, motor vehicles, natural gas pipelines and occupational safety and health. The following is a listing of agencies with whom your attorney might consult, the regulations they issue, and the services they provide:

• The U.S. Consumer Products Safety commission is an independent federal agency whose main purpose is to reduce injuries to consumers. The Commission issues consumer product safety alerts, and may have helpful information relative to your claim.

• The Occupational Safety and Health Administration (OSHA) publishes numerous regulations and pamphlets on workplace safety and health standards, the use of industrial substances, and safety in industrial and construction operations.

• The Environmental Protection Agency, which has the authority for air, water and pesticide standards, issues many publications on such topics.

• The U.S. Food and Drug Administration establishes the standards for food, drugs, medical devices and cosmetics, and also has information on drug ingredients and food and drug manufacturing methods.

• The National Highway Traffic Safety Administration develops and issues safety standards for all new cars, conducts research on accident prevention, investigates Motor Vehicle Defects and enforces notification of defects to owners of record. Numerous publications are produced by the Administration for consumers and their lawyers.

• The Federal Highway Administration is concerned with improving highway safety and conducts highway safety research relating to trucks and busses.

• The Transportation Research Board will conduct a computerized search and furnish abstracts of all engineering articles pertaining to highway topics.

• State police or highway patrols might also be able to provide information on regulations concerning the use and equipment of motor vehicles.

• Most state fire marshals issue fire safety standards and basic building design and construction standards.

• The United States Coast Guard sets standards, makes factory inspections and conducts investigations of consumer complaints of defective boats. The Coast Guard notifies boat owners when defects are found.

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