What a Recall Does and Does Not Mean for Your Claim
The Consumer Product Safety Commission (CPSC) is the federal agency responsible for consumer products, including laptop batteries. Congress stated the agency's purposes in 15 U.S.C. § 2051, including "to protect the public against unreasonable risks of injury associated with consumer products" and "to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries."
A recall is an action to remove a hazardous product from use or to fix it, usually by repair, replacement or refund. Under 15 U.S.C. § 2064, every manufacturer, distributor and retailer must "immediately inform the Commission" when it obtains information that reasonably supports the conclusion that a product fails an applicable safety rule, contains a defect that could create a substantial product hazard, or "creates an unreasonable risk of serious injury or death," unless it knows the Commission has already been adequately informed. After an opportunity for a hearing, the Commission may order public notice and repair, replacement or refund. The same section lists what a recall notice generally includes, among other items:
- the model or SKU number and a photograph;
- the number of units;
- a description of the hazard;
- the manufacturers and significant retailers;
- any injuries or deaths associated with the product;
- the remedy available to consumers.
The CPSC publishes its recall notices in a public database. A guide to checking a CPSC recall notice walks through those fields one by one.
A recall notice identifies a product, the hazard as the agency describes it, and a remedy. It is not a finding of liability. A recall is not a finding that the product was defective in a particular case, an incident report does not prove what caused an injury, a lawsuit is not a finding of liability, and an allegation is not a fact. A recall can be important evidence of a documented safety concern. Equally, the absence of a recall does not mean a battery was sound.
Voluntary safety standards also appear in these cases. UL (Underwriters Laboratories) is a standards organization, and UL 2054 is its standard for household and commercial batteries. Whether a battery met a recognized standard can bear on a design claim, but meeting a standard does not settle one.
If you are trying to learn whether your laptop or battery was recalled, the model and part numbers on the device are what a notice is matched against. Whether a match, or the lack of one, matters to a claim is something an attorney can go through with you.