Plaintiffs’ Irrelevant Elephant: NEISS Evidence

Law360, New York (December 9, 2008, 12:00 AM EST) -- Plaintiffs often attempt to introduce statistical extrapolations at trial to demonstrate the total number of injuries that happen each year in the United States on the specific product at issue.

This “other accident” statistical evidence is usually derived from information gathered by the Consumer Product Safety Commission (“CPSC”).

The CPSC maintains several accident databases; however, plaintiffs primarily attempt to introduce the statistical extrapolations from the National Electronic Injury Surveillance System (“NEISS”).

NEISS monitors emergency room visits for injuries associated with consumer products.

Significantly, NEISS only monitors...
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