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Ellis, Baker Win Product Case Based on CPSA Pre-Emption

Philippa V. Ellis and Richard J. Baker obtained the dismissal of a lawn mower manufacturer based on the Consumer Product Safety Act's preemption of the plaintiff's failure to warn claim.  When a consumer product safety standard has been created under the CPSA to address a risk of injury associated with a consumer product, the CPSA preempts state law setting out different product requirements designed to deal with the same risk of injury. 

The plaintiff alleged that his lawn mower stalled in tall grass while he was mowing his yard.  He opened the rear protection guard and inserted his hand into the blade housing to remove a grass clog.  He alleged that the blade rotated upon his removal of the grass clog, partially amputating three of his fingers.  The court held that the CPSA preempted plaintiff's failure to warn claim, because the warning he claimed should have been provided dealt with the same risk of injury regulated by federal regulations adopted under the CPSA. 

Ms. Ellis and Mr. Baker also obtained summary judgment for the national retailer who sold the lawn mower to the plaintiff.  The plaintiff alleged that the retailer knew or should have known about the alleged risk of danger caused by the lawn mower so that it had a duty to warn him about it.  However, the court found that there was no evidence that the retailer knew or should have known about the alleged danger.  In addition, the manufacturer complied with federal regulations requiring warning labels about the potential for injury to one's hand by the lawn mower's blade, so the retailer had no duty to offer any additional warning on the same issue.  Please insert news event here.