Food Dehydrators Recalled by Greenfield World Trade


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 20, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Food Dehydrators Recalled by Greenfield World Trade Due to Fire and Burn Hazards

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United States Court of Appeals for the Sixth Circuit Holds That Kentucky’s Economic Loss Rule Does Not Apply to Consumer Transactions


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In State Farm Mutual Automobile Insurance Company v. Norcold, Inc., 849 F.3d 328 (6th Cir. 2017), the United States Court of Appeals for the Sixth Circuit considered whether Kentucky’s economic loss rule applies to consumer transactions. The economic loss rule prevents the buyer of a product from suing in tort to recover for economic losses when the product damages only itself. The Sixth Circuit predicted that Kentucky would not extend the economic loss rule to consumer transactions. The Norcold case reminds us that, while the economic loss rule can be a significant impediment to products liability subrogation claims, it is important to consider whether there are exceptions available to overcome this defense.

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Recall of Bosch Solar Services Solar Panels and Polaris Ranger 900 Recreational Off-Highway Vehicles


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 13, 2017, the CPSC announced the following recall notices related to products that present fire hazards:

Bosch Solar Services Recalls Solar Panels Due To Fire Hazard

Polaris Recalls Ranger 900 Recreational Off-Highway Vehicles Due to Fire and Burn Hazards

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OPW Recalls Gas Station Hose Swivel Connectors


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 24, 2017, the CPSC announced the following recall notice related to a product that presents a fire hazard:

OPW Recalls Gas Station Hose Swivel Connectors Due to Fire, Explosion Hazards

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Vecaro LifeStyle Recalls Self-Balancing Scooters/Hoverboards


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 23, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Vecaro LifeStyle Recalls Self-Balancing Scooters/Hoverboards Due to Fire Hazard

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Polaris Recalls Sportsman 850 and 100 All-Terrain Vehicles


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 21, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman 850 and 1000 All-Terrain Vehicles Due to Burn and Fire Hazards

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Battery Chargers for XBOX ONE Video Game Controllers Recalled


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 14, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Battery Chargers for XBOX ONE Video Game Controllers Recalled by Performance Designed Products Due to Burn Hazard

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R.W. Beckett Recalls Fuel Oil Valves


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 10, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

R.W. Beckett Recalls Fuel Oil Valves Due to Fire Hazard

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Polaris Recalls RZR and GENERAL Recreational Off-Highway Vehicles


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 2, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls RZR and GENERAL Recreational Off-Highway Vehicles Due to Burn and Fire Hazards

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New York Appeals Court Rekindles the Spark


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In John Trimble, et al. v. City of Albany, et al., 2016, 144 A.D.3d 1484; 42 N.Y.S. 3d 432 (N.Y. App. Div.), the Supreme Court of New York, Appellate Division, addressed the issue of governmental immunity for municipal fire companies. The court held that the plaintiff, John Trimble  (Trimble), had sufficient evidence related to the four-pronged test for establishing a “special relationship” between a municipality and a citizen for liability to attach. In addition, the court held that the defendants were not entitled to summary judgment on the issue of governmental immunity. Specifically, regarding the latter holding, the court stated that, when there is no actual choice made on the part of the government, the government’s actions cannot be considered discretionary and immunity will not apply.

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