Consumer Product Safety Commission Warning – Immediately Stop Using SafPow and AMPOWSURE Battery Chargers Sold on Amazon.com Due to Fire and Burn Hazards


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On September 5, 2024, the CPSC issued a warning urging consumers to “immediately stop using SafPow SPC-42020 and AMPOWSURE ASP-C10S42020 battery chargers because they pose a risk of serious injury and death.” According the CPSC, “[u]sing these chargers with an incompatible battery can cause the connected battery to ignite.” Apparently, “SafPow and AMPOWSURE have refused to conduct a recall.”

You can find out more information about the warning here.

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Recall Alert

Consumer Product Safety Commission Urges Consumers to Not Buy or Use “Universal” Chargers with Micromobility Products


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On September 5, 2024, the CPSC issued a warning urging “consumers of micromobility products—including e-bikes, e-scooters, self-balancing scooters (hoverboards), and e-unicycles—not to use chargers that are marketed as “universal” or suitable with general categories of micromobility devices to avoid fires and injury or death, unless they have been tested and approved to work safely with your device.” According the CPSC, “[c]hargers marketed as “universal” or suitable for general categories of micromobility devices may fit into your device but still be incompatible with it.”

You can find out more information about the warning here.

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Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors


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In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its insurer’s rights to subrogation against subcontractors when it agreed to waive subrogation against the general contractor. The court ultimately decided that the unambiguous language of the subrogation waiver in the development agreement between the parties did not extend to subcontractors. The court also held that the tenant’s requirement that subcontracts include a subrogation waiver did not, in this case, impose a project-wide waiver on all parties. The court, however, found that the requirement that the subcontracts include a similar, but not identical, waiver provision rendered the subcontract’s waiver clauses ambiguous and remanded the case to the lower court to determine if the parties to the development agreement – i.e., Duke Baltimore LLC (“Duke”) and Amazon.com.dedc, LLC (“Amazon”) – intended that the waiver clause in the subcontracts covered claims against subcontractors.

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Product Recall

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 August 22, 2024 and August 29, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. HALO 1000 Portable Power Stations Recalled Due to Serious Fire and Burn Hazards; One Death Reported; Imported by ZAGG; Sold by ACG, QVC and ZAGG. According to the CPSC’s website, “[t]he lithium-ion batteries in the HALO 1000 Portable Power Station can overheat, posing fire and burn hazards that can lead to serious injury or death.”
  2. Siemens Industry Recalls SolarReady™ Meter Combos Due to Fire Hazard. According to the CPSC’s website, “[a]n interior connection in the recalled Siemens SolarReady Meter Combos can overheat, posing a fire hazard.”
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Insured Made Whole Doctrine: Texas and Washington


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This episode of Subro Sessions, hosted by associates Zachariah Sigda and Katherine Dempsey, entitled, “Insured Made Whole Doctrine: Texas and Washington State,” dives into the topic of the made whole doctrine. Zachariah and Katherine define the made whole doctrine and explain how the doctrine applies in both Texas and Washington state courts, using those states to show how the doctrine can vary state-to-state. Thus, it is important for subrogation professionals to consider the made whole doctrine before pursuing recovery.

Listen to all of our episodes here.

You can also listen to Subro Sessions on Apple Podcasts and Spotify.

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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 August 15, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Trader Joe’s Company Recalls Mango Tangerine Scented Candles Due to Fire Hazard. According to the CPSC’s website, “[t]he candle flame can spread from the wick to the wax causing a larger than expected flame, posing a fire hazard.”
  2. IKEA Recalls VARMFRONT Power Banks Due to Fire Hazard. According to the CPSC’s website, “[t]he power banks can overheat, posing a fire hazard.”
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Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”


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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict liability and/or negligence claims where the product, allegedly causing injury, was first purchased more than 10 years ago, but new containers of the same product were purchased within the last 10 years. The Appellate Court found that the “first sale” triggers the products liability statute of repose.

In Burroughs, Kiara Burroughs (Burroughs) alleged that she continuously used chemical hair relaxers from the age of six to twenty-five. In 2018, Burroughs was diagnosed with uterine fibroids, which caused her significant health problems. In October 2022, a scientific health study was released finding an association between chemical hair relaxers and uterine cancers. On October 27, 2022, Burroughs filed her original complaint, including claims for strict liability, negligence, and failure-to warn against L’Oreal USA, Inc. and others (collectively, Defendants). Defendants filed a Motion to Dismiss based, in part, on the statute of repose.

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Product Recall

Samsung Recalls Slide-In Electric Ranges


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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 8, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Samsung Recalls Slide-In Electric Ranges Due to Fire Hazard.

According to the CPSC’s website, “[f]ront-mounted knobs on the ranges can be activated by accidental contact by humans or pets, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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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 August 1, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Mattress Pads Recalled Due to Fire Hazard; Violation of Federal Mattress Pad Flammability Regulation; Manufactured by Avocado Mattress. According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”
  1. ECHO Recalls Gas-Powered Backpack Blowers Due to Fire Hazard. According to the CPSC’s website, “[t]he fuel supply line can leak gas, posing a fire hazard.”
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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 July 25, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Ophanie Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Ophanie. According to the CPSC’s website, “[t]he recalled area rugs violate the mandatory federal flammability regulations for carpets and rugs, posing a fire hazard.”
  2. Kawasaki USA Recalls Mule PRO 1000 Off-Highway Utility Vehicles Due to Fire Hazard. According to the CPSC’s website, “[w]hen starting the engine, improper combustion can occur, posing a fire hazard.”
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