Product Recall

Belkin Recalls Portable Wireless Chargers + Stand Special Edition


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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 13, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Belkin Recalls Portable Wireless Chargers + Stand Special Edition Due to Fire and Shock Hazards.

According to the CPSC, “[a] manufacturing defect in the power supply unit can cause the charger to malfunction and overheat, posing fire and shock hazards.”

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Recall Alert

Massimo Motor Sports Recalls Percussion Massage Guns 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 January 6, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Massimo Motor Sports Recalls Percussion Massage Guns Due to Fire Hazard; Sold Exclusively at Costco.

According to the CPSC, “[t]he lithium-ion battery system can overheat, posing a fire hazard.”

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Product Recall

Anticimex Recalls Smart Connect Mini Devices


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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 31, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Anticimex Recalls SMART Connect Mini Devices Due to Fire and Injury Hazards (Recall Alert).

According to the CPSC, “[t]he device’s power supply can overheat while charging, and cause the plastic enclosure to fly off, posing fire and injury hazards.”

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Recall Alert

Urban Outfitters Recalls Taper Candle Holders


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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 23, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Urban Outfitters Recalls Taper Candle Holders Due to Fire Hazard.

According to the CPSC, “[t]he candle holders can catch on fire if they come in contact with the candle’s flame, posing a fire hazard.”

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Gavel

Amazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for Defective Product


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New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is based upon Amazon’s level of control over the sale of the product. There are three ways which products are sold on Amazon: (1) Amazon sells, processes and ships the product; (2) a third-party sells, processes and ships the product (i.e., Amazon does not take possession of the product); and (3) a third-party sells the product and Amazon “fulfills” the order by storing, processing and shipping the product through its “Fulfillment by Amazon” (FBA) logistical program. The FBA program has been the lynchpin in many of the recent decisions decided against Amazon, including a recent New York case. Under the FBA, the sellers store their inventory at Amazon’s warehouse until the product is purchased, at which time Amazon retrieves the product from its warehouse shelf, packages it, and ships it to the consumer. Accordingly, Amazon has significant control over products “fulfilled” through the FBA. Continue reading

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Product Recall

Home Energy Storage Batteries and Camp Stove 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 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. LG Energy Solution Michigan Recalls Home Energy Storage Batteries Due to Fire Hazard. According to the CPSC, “[t]he home batteries can overheat, posing a risk of fire and emission of harmful smoke.”
  2. Camp Chef Recalls Portable Gas Stoves Due to Fire Hazard. According to the CPSC, “[a]n internal part of the gas regulator component can have a sharp edge that can wear or tear a hole in the seal causing gas to leak out of the top of the regulator, posing a fire hazard.”
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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 10, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. Thermo Tents Recalls Mór Series Tents Due to Fire Hazard; Tents are Mislabeled as Fire Retardant (Recall Alert). According to the CPSC, “[t]he tents are incorrectly labeled as being fire retardant (FR), posing a fire hazard.
  2. Scentsy Recalls Electrical Oil Warmers Due to Fire Hazard (Recall Alert). According to the CPSC, “[c]orrosion of electrical components in Scentsy Luminary Jack Warmers and Scentsy Bless This Home Warmers due to fumigation required to eradicate a cockroach infestation in one of Scentsy’s shipping containers poses a fire hazard.”
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Product Recall

Consumer Product Safety Commission Announces Multiple Recalls of Product Posing 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. On December 9, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. Neptune Benson Recalls Delta Ultra-Violet Generators For Pools and Spas Due to Fire Hazard. According to the CPSC, “[w]ater can leak within the generator, causing excessive heat build-up in the area where the power cord connects to the body of the generator unit, which can pose a fire hazard.”
  2. Spirit Halloween Recalls Children’s Flashlights Due to Fire and Burn Hazards. According to the CPSC, “[t]he batteries in the flashlight can overheat, posing burn and fire hazards.
  3. GrillBlazer Recalls Propane Torch Guns Due to Fire Hazard. According to the CPSC, “[p]ropane gas can leak from the GrillBlazer torch, posing a fire hazard to consumers.”
  4. Goal Zero Recalls Power Supplies Due to Fire Hazard. According to the CPSC, “[t]he connection between the power supply module and the output cord can be loose, causing the electrical connections to overheat, posing a fire hazard.”
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Gavel

Washington Court Finds that Statute of Repose Fraud Exception Argument Lacks Energy


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Statutes of repose are generally meant to be absolutes, providing clarity to potential defendants such as contractors. However, in limited scenarios, some states have allowed for exceptions to the defense. For instance, fraud is one potential exception that has been recognized in several jurisdictions and is often raised by parties on the basis of public policy. In Puget Sound Energy, Inc. v. Pilchuck Contractors, Inc., No. 80162-7-1, 2020 Wash. App. LEXIS 2862 (unpublished), the Court of Appeals of Washington determined whether it would allow a fraud exception to its statute of repose for construction activity. The court upheld the trial court’s holding that the statute of repose barred the appellant’s claims, declining to entertain a fraud exception. Continue reading

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Fire

ADCO Recalls Candles 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 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 2, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

ADCO Recalls Candles Due to Fire and Burn Hazards; Sold Exclusively at Dollar Tree.

According to the CPSC, “[t]he candles’ high flames can ignite the surface of the wax or cause the glass to break, posing fire and burn hazards.”

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