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Admissibility in Products Liability Cases of Data Published by the Consumer Products Safety Commission's National Electronic Injury Surveillance System

Analyzes the admissibility in products liability actions of evidence of data compiled by the Consumer Product Safety Commission, including CPSC statistical extrapolations estimating the total number of accidents occurring each year involving a particular class of consumer product, particularly table saws.  This “other accident” statistical evidence is derived from information the CPSC gathers from representative hospitals regarding accidents involving consumer products, as part of the CPSC’s National Electronic Injury Surveillance System program. The article presents several compelling arguments supporting the exclusion of evidence from the NEISS database in products liability cases.