2019 Guide to Filing an Unsafe Product Complaint
Posted by Wetherington Law Firm | Articles
How to Help Protect Others From Dangerous Products
We receive many calls involving dangerous products that “almost” cause serious injury. Although we cannot pursue legal claims for near misses, it is incredibly important that the public knows about these dangerous products. Your story may help prevent someone else from being seriously injured or killed.
The U.S. Consumer Product Safety Commission (CPSC) has created a website that allows consumers to report on the safety of products. Manufacturers can then read the reports, comment on the reports, and have the reports posted by the CPSC for the public to read. Businesses are also allowed to submit a report if they believe the consumer report is inaccurate or misleading. When businesses file these reports, the CPSC will review the report and determine the accuracy of the consumer report.
To access the site, visit SaferProducts.gov. Once on the site, click on the tab that says, “Report an Unsafe Product.”
Filling Out the Report
Once you are in the online form, select who you are – as an individual, you should select “Consumer.”
There are many information tabs to explain why they need the request information, but the important thing to know is that your report will remain confidential.
Products You Can Report to the CPSC
The next step is to enter the type of product you are reporting as unsafe. You have a choice to type in the name of the product or select a product category. The choices are:
- Clothing & Accessories
- Containers & Packaging
- Fuel, Lighters, and Fireworks
- Furniture, Furnishings, and Decorations
- Home Maintenance & Structures
- Personal Care
- Products at Public Facilities
- Sports & Recreation
- Toys & Children
- Yard & garden
Filing Safety Reports on Other Products
It’s important to note that the CSPC goes not regulate the following products:
- Automobiles, Trucks and Motorcycles: http://www.safercar.gov/
- Drugs, biologics, medical devices, dietary supplements or cosmetics: http://www.fda.gov/Safety/MedWatch/HowToReport/default.htm
- Car Seats: http://www.safercar.gov/
- Meat, Eggs, Poultry: http://www.usda.gov/
- Other Food Products: http://www.fda.gov/
- Full List: https://www.cpsc.gov/en/Regulations-Laws–Standards/Products-Outside-CPSCs-Jurisdiction/
The links after each category will take you to the proper website for information on reporting problems with these products.
Completing Your Report
The last section on the initial page allows you to choose if you would like to report online, by phone, email or postal mail.
When reporting online, you will first need to register. Registration allows you to save your information, stop and resume a report later, and will provide you with notifications regarding your report.
Once you are registered, you will be asked to choose whether you are reporting an actual incident or injury, or a product’s potential for injury.
Then, you will be provided with space to describe the incident and your specific safety concern. You will want to be as detailed as possible in your report to allow others who may not be familiar with the product to understand exactly what happened, the conditions in which there was a problem or a potential problem, and the results of the incident.
You will be asked to provide the date and location in which the incident occurred, information on all the victims of the incident, as well as specific details about the injuries received.
The next section will ask you to include information about the product, including the brand, model number, and serial number.
You will then have an opportunity to upload any photos you may have of the product and the damage caused, including packaging, bar codes or any other identifying information.
The form next asks whether you still have the product, if it was damaged or modified before use.
Next, you can choose to submit your report anonymously or submit your contact information. Submitting your contact information does not mean your name or other information will appear in the database. Your information will remain confidential.
Lastly, you will have the opportunity to review your report before submitting it. You will also be able to choose whether you want the CPSC to release your name and contact information to the manufacturer. Before clicking on the submit button to file your report, you will be asked to certify that the information you are submitting is true and accurate.
Submitting Your Report
Once you submit the report, you will receive a report number for your records.
After you submit the report, the CPSC has five business days to send your report to the manufacturer. The manufacturer is given ten days to respond to the CPSC and add comments before your report, on the CPSC database.
If you have been injured by an unsafe product, it’s important to report the product so others can be warned of the dangers. To learn more about your rights and recovering compensation for your injuries, contact the unsafe product lawyers at the Wetherington Law Firm for a free consultation. Our goal is to ensure you are protected. Our experienced attorneys have a history of success at recovering damages for our clients who have been harmed by unsafe products.