Category Archives: Products Liability

BSH Home Appliances Expands Recall of Dishwashers


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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 October 20, 2017, the Consumer Product Safety Commission announced the following expanded recall related to Bosch, Gaggenau, Jenn-Air and Thermador products that present a fire hazard:

BSH Home Appliances Expands Recall of Dishwashers Due to Fire Hazard

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Saber Grills Recalls Grills and LP Regulators


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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 September 26, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Saber Grills Recalls Grills and LP Regulators Due to Fire and Burn Hazards

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Kawasaki Recalls Brute Force 300 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 September 6, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Kawasaki Recalls Brute Force 300 All-Terrain Vehicles Due to Fire Hazard

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Academy Sports + Outdoors Recalls Crawfish Kits with Strainer


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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 August 23, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Academy Sports + Outdoors Recalls Crawfish Kits with Strainer Due to Fire Hazard

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FedEx Supply Chain Recalls Cellphone Batteries


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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 August 16, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

FedEx Supply Chain Recalls Cellphone Batteries That Could Lead to Fire and Burn Hazards

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Kawasaki Recalls 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 August 10, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Kawasaki Recalls All-Terrain Vehicles Due to Fire Hazard

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Firewood Recalls Vaporizers


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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 August 7, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Firewood Recalls Vaporizers Due to Fire Hazard

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Fred’s Recalls Charcoal Grills


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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 August 2, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Fred’s Recalls Charcoal Grills Due to Fire Hazard

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Nestlé Waters North America Recalls AccuPure Water Dispensers


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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 July 28, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Nestlé Waters North America Recalls AccuPure Water Dispensers Due to Fire and Burn Hazards

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West Virginia Enacts “Innocent Seller” Legislation


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By: Edward A. Jaeger, Jr. and William L. Doerler

In products liability actions, in order to ensure that all potentially liable parties are included in a lawsuit, subrogation professionals often include strict liability claims against products sellers within the chain of distribution for a product. In West Virginia, the Legislature recently enacted legislation, W. Va. Code § 55-7-31, designed to protect “innocent” sellers from product liability lawsuits. The legislation states that, for actions involving a product sold on or after July 6, 2017, no product liability action – i.e. a strict liability action – can be maintained against a seller unless the seller meets one of the noted exceptions.

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