Consumer Product Safety Commission Recalls


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announced the following recalls related to products that present fire hazards:

1. Ross Stores Recalls Taylor and Finch Six-Wick Scented Candles Due to Fire and Injury Hazards. According to the CPSC’s website, “[t]he product can combust while lit causing the glass container to break, posing fire and injury hazards.”

2. Lifetime Brands Recalls Hot Chocolate Pots Due to Fire Hazard; Sold Exclusively at Williams-Sonoma. According to the CPSC’s website, “[t]he hot chocolate pots are mislabeled as microwave safe. If microwaved, the metallic paint on the pots can spark, posing a fire hazard.”

3. Vanessa Fire Tables Recalled Due to Fire Hazard; Imported by Ove Decors. According to the CPSC’s website, “[t]he gas hose can come into contact with the heat shield, melting the hose and igniting the fire table, posing a fire hazard.”

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BISSELL Recalls Cordless Multi-Surface Wet Dry Vacuums


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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 January 12, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

BISSELL Recalls Cordless Multi-Surface Wet Dry Vacuums Due to Fire Hazard.

According to the CPSC’s website, “[t]he circuit board inside the vacuum’s battery pack can overheat and smoke, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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Polaris Recalls Sportsman and Scrambler 1000 S 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 January 5, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman and Scrambler 1000 S All-Terrain Vehicles Due to Fire Hazard (Recall Alert).

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Samsung Recalls Top-Load Washing Machines Due to Fire Hazard


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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 December 22, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Samsung Recalls Top-Load Washing Machines Due to Fire Hazard; Software Repair Available.

According to the CPSC’s website, “[t]he washing machines can short-circuit and overheat, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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Family Matters: United States District Court Extends Sutton Rule to Undefined “Family”


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In Am. Reliable Ins. Co. v. Addington., No. 3:21-CV-00848, __ F.Supp.3d __, 2022 U.S. Dist. LEXIS 218436, the United States District Court for the Middle District of Tennessee (the District Court) considered whether a tenant’s live-in partner and the partner’s adult son constituted a “family” in the underlying lease and, thus, were implied co-insureds under the Sutton Rule. The District Court determined that the arrangement did constitute a “family” and that the Sutton Rule barred subrogation.

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Recall Alert

Consumer Product Safety Commission Recalls


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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 December 15, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. E-Bikes Recalled Due to Fire and Burn Hazards; Distributed by Gyroor (Recall Alert). According to the CPSC’s website, “[t]he e-bike’s battery pack can ignite, posing fire and burn hazards.”
  2. Advantage Sales & Marketing Recalls Good Matters Three-Wick Candles Due to Fire and Laceration Hazards. According to the CPSC’s website, “[t]he candles can burn at higher than usual temperatures causing the jars to break, posing fire and laceration injury hazards.”
  3. ESS Universal USA Recalls Mattresses Due to Violation of Federal Flammability Standard for Mattresses; Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”
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Supreme Court of Illinois Clarifies Who Qualifies as a Co-Insured


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The Supreme Court of Illinois (Supreme Court) reversed a 2021 appellate court decision which held that an insurer had to duty to defend the property owner’s tenant following a fire at the property.  In Sheckler v. Auto-Owners Insurance Co., 2022 IL 128012, the state’s highest court ruled that the appellate court’s reliance on Dix Mutual Insurance Co. v. LaFramboise, 597 N.E. 2d 622 (Ill. 1992) was misplaced as the ruling in Dix was limited to a specific set of facts, which did not apply to the current case.

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Eggshell Plaintiffs Can Help Maximize Your Subrogation Recovery to Include Building Code Upgrades


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In a recent unpublished opinion, Hale v. Bassette, No. HHD-CV-20-6124046-S, 2022 Conn. Super. LEXIS 2292, the Superior Court of Connecticut held that the plaintiff was entitled to recover building code upgrade costs associated with repairing a 150-year-old home damaged by the defendant’s negligence. In reaching its decision, the court applied the eggshell plaintiff doctrine, a legal principle that is more commonly applied in personal injury actions.  The doctrine says that a negligent defendant takes the injured plaintiff as he or she is found, making the defendant responsible for any injury that is magnified by the plaintiff’s pre-existing condition or injury.  The court found the fact that the home was 150 years old and susceptible to greater damage did not relieve the defendant of its obligation to make the plaintiff whole.

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Ortal Recalls Gas 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 December 8, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Ortal Recalls Gas Fireplaces Due to Fire Hazard

According to the CPSC’s website, “improper installation of the fireplaces can lead to problems with heat release and/or ventilation, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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