Consumer Product Safety Commission Recalls

This entry was posted by William L. Doerler on August 2, 2022.

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

Ocean Technology Systems Recalls Underwater Communication Devices Due to Fire Hazard. According to the CPSC’s website, “[w]ater can leak into the recalled underwater communication device during a dive and penetrate into the battery pack, causing the battery circuit board to short and ignite after the dive, posing a fire hazard.
Daikin Comfort Technologies Manufacturing (formerly Goodman Manufacturing Company, L.P.) Expands Recall of Evaporator Coil Drain Pans to Include Those Installed with Non-Condensing Gas Furnaces Due to Fire Hazard. According to the CPSC’s website, “[t]he molded plastic drain pan located at the bottom of the evaporator coil can overheat, melt and deform, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged Products Liability.

In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable

This entry was posted by Gus Sara on July 19, 2022.

In Bain v. Airoom, LLC, No. 1-21-001, 2022 Ill. App. LEXIS 241, the Appellate Court of Illinois (Appellate Court) considered whether the lower court erred in enforcing an arbitration clause in a construction contract between the parties and, as a result, dismissing the plaintiff’s lawsuit. The Appellate Court found that even if the arbitration clause was enforceable, the appropriate action would have been for the court to stay the lawsuit, as opposed to dismissing the case entirely. The Appellate Court then considered the language of the arbitration clause and found that several provisions were substantively unconscionable, which rendered the entire arbitration clause unenforceable. The Appellate Court reversed the lower court’s decision compelling arbitration and reinstated the plaintiff’s complaint. Continue reading →

This entry was posted in Arbitration, Construction Defects, Contracts, Illinois and tagged Arbitration, Construction Defects, Contracts, Contracts - Enforcement, Illinois.

Segway Powersports Recalls Fugleman Utility Terrain Vehicles (UTVs)

This entry was posted by William L. Doerler on July 11, 2022.

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 7, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Segway Powersports Recalls Fugleman Utility Terrain Vehicles (UTVs) Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he cockpit rear panel between the seats and the cargo bed can overheat and melt the plastic, posing a fire hazard.” Continue reading →

This entry was posted in CPSC Recalls, Products Liability and tagged Products Liability.

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

This entry was posted by Michael L. DeBona on July 11, 2022.

On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc. (Amazon) is a “seller” under New Jersey’s product liability statute and can thus face strict liability for damages caused by products sold on its platform. Although the analysis is state-specific, Sigismondi may serve as an important decision for allowing product defect claims to proceed against Amazon when so often the third-party vendor that lists the product is unlocatable, insolvent, or not subject to the jurisdiction of United States courts. Continue reading →

This entry was posted in New Jersey, Products Liability and tagged Amazon-eBay, New Jersey, Products Liability.

Consumer Product Safety Commission Recalls

This entry was posted by William L. Doerler on July 6, 2022.

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 23, 2022, the CPSC announced the following recalls related to products that present fire hazards:

SunVilla™ Corporation Recalls Solar LED Market Umbrellas Due to Fire and Burn Hazards; Sold Exclusively at Costco (Recall Alert). According to the CPSC’s website, “[t]he lithium-ion batteries in the umbrella’s solar panels can overheat, posing fire and burn hazards.”
MTD Products Recalls Troy-Bilt Spacesavr Walk-Behind Self-Propelled Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he mower can leak fuel when it is stored in the upright (vertical) storage position, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged Products Liability.

Consumer Product Safety Commission Recalls

This entry was posted by William L. Doerler on June 20, 2022.

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 16, 2022, the CPSC announced the following recalls related to products that present fire hazards:

Sienhua Group Recalls WarmWave and Hunter Ceramic Tower Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ceramic tower heater’s cord and plug can overheat when in use, posing fire and burn hazards.”

Schneider ElectricTM Recalls 1.4 Million Electrical Panels Due to Thermal Burn and Fire Hazards. According to the CPSC’s website, “[t]he load center can overheat, posing thermal burn and fire hazards.”

This entry was posted in CPSC Recalls, Products Liability and tagged Products Liability.

Spirit Halloween Recalls Black Light Fixtures

This entry was posted by William L. Doerler on June 13, 2022.

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 9, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Spirit Halloween Recalls Black Light Fixtures Due to Fire and Burn Hazards.

According to the CPSC’s website, “[t]he bulb in the fixture can pop, flash and overheat, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

This entry was posted in CPSC Recalls, Products Liability, Uncategorized and tagged Products Liability.

Celebrating One Year of Subro Sessions Podcast

This entry was posted by Edward A. Jaeger, Jr. on June 6, 2022.

Subro Sessions is celebrating one full year of podcasting! We’d like to extend our gratitude to our listeners for their continued support of Subro Sessions. We look forward to providing you with another year of subrogation updates and topics.

On this anniversary episode, “Subrogation Lawyers Reflect on Real Life Fire Training,” a group of Subrogation lawyers recount their hands-on training experience at the Bergenfield Fire Training Academy.

Continue reading →

This entry was posted in Podcast.

DEMDACO Recalls Microwavable Bowl Holders

This entry was posted by William L. Doerler on June 6, 2022.

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 2, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

DEMDACO Recalls Microwavable Bowl Holders Due to Fire Hazard.

According to the CPSC’s website, “[t]he bowl holder’s fabric can char after being microwaved for the suggested three minutes, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged Products Liability.

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

This entry was posted by Lian Skaf on June 3, 2022.

In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these construction problems result in property damage, timelines tend to overlap and determining when a statute of limitation begins to run for a particular claim can be difficult. Especially in states with short statute of limitations for tort claims like Texas, knowing when a statute begins to run is crucial for a subrogation professional. Continue reading →

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