Product Liability

Recall information can identify a reported hazard, affected product population, corrective action, and timing that may be relevant to the product being investigated. The expert can compare the recalled model, failure mechanism, manufacturing period, components, and reported hazard with the specific product and incident evidence. For CPSC-regulated consumer products, the Commission maintains searchable recall and product-safety-warning records.

A medical device claim can involve specialized questions about device design, manufacturing, labeling, performance, quality systems, or regulatory history that extend beyond general product-liability analysis. FDA regulates medical devices under the Federal Food, Drug, and Cosmetic Act, while CPSC generally regulates other categories of consumer products, although limited jurisdictional overlap can occur. The FDA Quality Management System Regulation became effective February 2, 2026. When device-specific issues are central, counsel may need an expert with appropriate medical device engineering, scientific, clinical, or regulatory qualifications.

Consumer Product Safety and Product Liability can involve overlapping subject matter, and the appropriate scope depends on the opinions at issue. Consumer Product Safety expertise may focus on safety hazards, testing, standards, incident information, recalls, and regulatory questions involving consumer products. Product Liability is the broader litigation context in which evidence concerning design, manufacturing, warnings, failure, and causation may be evaluated. A case can involve both, and CPSC requirements, product-safety testing, or broader hazard patterns may call for an expert with appropriate consumer-product-safety qualifications.