Solving for stupid. How far should the CPSC stretch to address foreseeable misuse?
December 11, 2019, Retail Consumer Products Law (Crowell & Moring)
As products liability lawyers, we spend our days focused on the nature and proof of defectiveness. The tort law recognizes limitations on claims that products have defects when there are obvious dangers and user conduct defenses (think drunk driving). Contributory negligence, whether from failure to follow instructions or warnings, reckless behavior, or frankly, deliberate misuse of an otherwise safe product, is a well-recognized defense to product liability claims. Yet misuse defenses are disfavored at the CPSC—and often labeled victim blaming—even though the defect rules written by the Commission direct the CPSC to consider the product liability law.
College dorm bunk beds can be dangerous
December 13, 2019, TeenVogue
Dylan Hernandez, a freshman at San Diego State University (SDSU), fell from his dorm room bunk bed on the morning of November 7. Hours after his roommate helped him climb back into his loft, that same roommate discovered him “pulseless” and “foaming at the mouth,” according to a medical report from the San Diego County Medical Examiner’s Office and an emergency call to university police. The next day, Dylan was pronounced dead; the cause of his death was “blunt force injuries to the head.” He was 19 years old.
Scientists convert plastics into useful chemicals using sunlight
December 11, 2019, Phys.org
Chemists at Nanyang Technological University, Singapore (NTU Singapore) have discovered a method that could turn plastic waste into valuable chemicals by using sunlight. In lab experiments, the research team mixed plastics with their catalyst in a solvent, which allows the solution to harness light energy and convert the dissolved plastics into formic acid—a chemical used in fuel cells to produce electricity.
CPSC Ombudsman: Best practices guidance including additional steps beyond meeting legal requirements
CPSC.gov
In addition to meeting the legal requirements described on the Business Education page, you─as a manufacturer or importer─should take additional steps to ensure that your product not only meets or exceeds the requirements of federal safety laws, but also is designed and manufactured as safely as possible. Here is a brief outline of some of recommendations, including links to additional in-depth resources:
China’s Hard-Liners Win a Round in Trump’s Trade Deal
December 14, 2019, New York Times
A year and a half into the trade war, China seems to have a winning strategy: Stay tough and let the Trump administration negotiate with itself. Mr. Trump outlined a partial trade deal that deferred new tariffs on $160 billion a year in Chinese-made goods, a move that would have had him taxing virtually everything China sells to the United States. He also agreed for the first time to broadly reduce tariffs he had already imposed on Chinese goods.
Legal vapes bought in stores made people sick. But the CDC doesn’t ask where they were sold
December 13, 2019, USA Today
After new reports of lung illnesses linked to legal THC vapes, cannabis advocates and opponents can agree on one thing: Government officials should give consumers more information about where the dangerous products were purchased. The warnings about vaping, prompted by the national lung injury outbreak the Centers for Disease Control and Prevention said has sickened 2,409 and left 52 dead, began with no distinction between nicotine and marijuana-based THC.
Urgent Care Advocate: Avoid ER this holiday season
December 13, 2019, Blue Ridge Now
An urgent care staff member says the holidays are a busy time for the emergency department? Changes in diet and alcohol consumption, respiratory problems, stress, travel, cold weather and not paying attention to one’s health are all factors in common holiday illnesses and injuries. He wants you to avoid the emergency department this season with these tips.
Congressman introduces legislation to research unsafe use of electric scooters
December 12, 2019, Office of Congressman Albio Sires
Representative Albio Sires (D-NJ), a senior member of the House Transportation & Infrastructure Committee, introduced the Standardized Assessment for Electric (SAFE) Scooters Act to study nationwide instances on the unsafe use of electric scooters and recommend solutions. The bill requires the National Highway Traffic Safety Administration (NHTSA) to study instances of the unsafe use of electric scooters. Reports from around the country have highlighted the fact that, although electric scooters are a useful asset to public transportation, many individuals unwisely operate electric scooters while under the influence of alcohol or operate them in a way that violates traffic laws and endanger themselves, pedestrians, and other motorists.
What is integrity? And why does it matter?
December 11, 2019, HR Technologist
What is integrity? While it’s a common component of companies’ mission statements, it can be hard to pin down precisely what integrity means to employees in their everyday routine. Cheating is taken as a sign of a lack of integrity, and treated so seriously, because a person who is willing to cut corners on a test may be willing to ignore other rules. In a more positive light, a company with a culture of integrity is better for employees to work, likely makes better products, and is probably more secure in the long term.
Boat safety law proposed after Southern California fire killed 34
December 13, 2019, Press Democrat
A group of California congressional members have proposed tighter safety standards for small boats after a diving charter vessel burned and sank in September, killing 34 people. Only five people — the captain and four crew members — managed to escape after the 75-foot (23-meter) Conception caught fire on Sept. 2 off the Santa Barbara coast, northwest of Los Angeles. The boat burned to the waterline. One crew member was among the dead.
