Author Archives: William L. Doerler

Florida Extends Filing Time for Claims Subject to the Statute of Repose


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Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later of several possible dates, including the date of actual possession by the owner and the date of the issuance of a certificate of occupancy. The Florida Legislature recently amended the statute to extend the time within which defendants subject to a suit filed close to the end of the 10-year period can file claims. Under the revised law, a defendant can file “counterclaims, cross-claims and third-party claims up to 1 year after the pleading to which such claims relate is served.” Regardless of when the cause of action at issue accrued, the law applies to actions commenced on or after July 1, 2018, except that any action that would not have been barred under Fla. Stat. § 95.11(3)(c) prior to the amendment may be commenced before July 1, 2019. Continue reading

This entry was posted in Construction Defects, Florida, Statute of Limitations-Repose and tagged , , .

Consumer Product Safety Commission Recall


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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 June 5, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Keyera Energy Recalls to Inspect Propane Gas Due to Fire and Explosion Hazards

According to the CPSC, the recalled propane gas does not contain sufficient levels of odorant to help alert consumers to a gas leak.

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Kohler Recalls Automatic Transfer Switches for Kohler Generators


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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 May 23, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kohler Recalls Automatic Transfer Switches for Kohler Generators Due to Fire Hazard

According to the CPSC, this recall involves Kohler 100-amp service entrance rated automatic transfer switches used with Kohler brand residential and commercial generators.

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Regency Fireplace Products Recalls Gas Stove Fireplaces


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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 May 15, the CPSC announced the following recall related to a product that presents an explosion hazard:

Regency Fireplace Products Recalls Gas Stove Fireplaces Due to Explosion and Injury Hazards

According to the CPSC, the pressure release system can fail and cause the gas stove to explode.

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New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases


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In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary judgment on the issue of the defendant’s liability, also needs to establish the absence of his or her own comparative negligence. In a 4-3 decision, a majority of the court held that, because the plaintiff’s comparative negligence is a matter of damages, not liability, the plaintiff does not bear that burden. Continue reading

This entry was posted in Comparative-Contributory Negligence, Litigation, New York and tagged , .

Vornado Air Recalls Electric Space Heaters


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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 4, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Vornado Air Recalls Electric Space Heaters Due to Fire and Burn Hazards

According to the CPSC, the electric space heater can overheat when in use.

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Carrier® Recalls to Repair Commercial Rooftop HVAC Units


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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 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Carrier® Recalls to Repair Commercial Rooftop HVAC Units Due to Fire Hazard

According to the CPSC, “[t]he HVAC’s humidimizer fan can fail to shut off when a connected smoke detector is tripped, posing a fire hazard.”

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Kidde Recalls Dual Sensor Smoke Alarms


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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, 2018, the Consumer Product Safety Commission announced a recall of Kidde dual sensor smoke alarms because they pose a risk of consumers not being alerted to a fire in their home.  The recall is detailed at the following link:

Kidde Recalls Dual Sensor Smoke Alarms Due to Risk of Failure to Alert Consumers to a Fire

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Beanworthy Recalls Combination Battery Chargers/Hand Warmers Sold Exclusively at Amazon.com


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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 15, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Beanworthy Recalls Combination Battery Chargers/Hand Warmers Due to Fire and Burn Hazard; Sold Exclusively at Amazon.com (Recall Alert)

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Consumer Product Safety Commission Recalls Goodman Manufacturing and Goodman Company Products Due to Fire Hazards


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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. Recently, the Consumer Product Safety Commission announced the following recall notices related to products that present fire hazards:

Goodman Manufacturing Recalls Modular Blowers Due to Fire Hazard
Goodman Company Recalls Packaged Terminal Air Conditioners and Heat Pumps Due to Burn and Fire Hazards.

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