Leipart

Plaintiffs Thomas and Cindy Leipart appeal the dismissal of their state common-law tort claims against defendant Guardian Industries (“Guardian”). The district court held that their claims were preempted by the Consumer Product Safety Act (“CPSA”). See 15 U.S.C. §§ 2051-2084 . We hold that plaintiffs’ claims are not pre-empted, and accordingly reverse and remand for further proceedings.

I

Plaintiffs allege that, while showering, Thomas Leipart lost his footing and fell against a glass shower door manufactured by Guardian. They allege that the door broke into long, dangerous shards rather *1066 than into small, relatively harmless pieces, and that Leipart’s arm was so severely cut by the glass that he required emergency surgery. Plaintiffs brought suit in California state court based on several state common-law claims: (1) strict and negligence-based liability for design, manufacture and distribution; (2) strict liability for failure to warn; (3) negligent infliction of emotional distress; and (4) loss of consortium.

After removal to federal district court, all of plaintiffs’ claims were dismissed under Federal Rule of Civil Procedure 12(b)(6) as pre-empted by the CPSA. For…