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 September 15, 2021 and September 16, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Gas One Recalls Propane Adapter Hoses Due to Fire Hazard. According to the CPSC, “[t]he hose can swell during use causing gas to leak, posing a fire hazard.”
  2. Harbor Freight Tools Recalls to Repair Propane Portable Heaters Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fitting at the back of the heater can fail to be sufficiently tight, causing the heater to leak propane gas, posing a fire hazard.”
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Recall Alert

Razor USA Recalls GLW Battery Packs Sold With Hovertrax 2.0 Self-Balancing Hoverboards


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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 25, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Razor USA Recalls GLW Battery Packs Sold with Hovertrax 2.0 Self-Balancing Hoverboards Due to Fire Hazard.

According to the CPSC, “[t]he lithium-ion GLW battery packs in the self-balancing scooters/hoverboards can overheat, posing a risk of the products smoking, catching fire and/or exploding.”

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Product Recall

Intertex Recalls Blower Fans


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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 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Intertex Recalls Blower Fans Due to Fire Hazard.

According to the CPSC, “[t]he capacitor in the recalled VP-33 blower fans can overheat, posing a fire hazard.”

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Fire

Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability


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In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator manufactured by the defendant—was sufficient to support the malfunction theory of products liability. The court found that because both potential causes imposed liability on the product manufacturer and the expert ruled out misuse of the product, as well as all external causes of the fire, it was not necessary for the engineer to identify a specific cause under the malfunction theory. The court also found that the expert’s investigation and opinions met the criteria set forth in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) and the Federal Rules of Evidence and, thus, were admissible. Continue reading

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Gavel

Idaho Supreme Court Tells Wine Bottle Manufacturer to Stop Whining Over Personal Jurisdiction


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In Griffin v. Ste. Michelle Wine Estates Ltd., No. 47703, 2021 Ida. LEXIS 127, the Supreme Court of Idaho considered whether an Italian wine bottle manufacturer’s contacts with Idaho were sufficient under the Due Process Clause of the United States Constitution to permit the exercise of personal jurisdiction over the manufacturer in Idaho for a plaintiff’s product liability action. Stated another way, the court considered whether a manufacturer located outside the United States (with no domestic presence) could be sued in Idaho because its’ product reached Idaho and caused injury. Continue reading

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Recall Alert

Consumer Product Safety Commission Announces Multiple Rug 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 12, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by Suellen Roosevein; Sold Exclusively on Amazon.com (Recall Alert). According to the CPSC, “[t]he rug fails to meet the federal flammability standard for carpets and rugs, posing a fire hazard.”
  2. Area Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by Pacapet; Sold Exclusively on Amazon.com (Recall Alert). According to the CPSC, “[t]he rugs fail to meet the federal flammability standard for carpets and rugs, posing a fire hazard.”
  3. Tye Dye Area Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by And Beyond; Sold Exclusively on Amazon.com (Recall Alert). According to the CPSC, “[t]he recalled rugs fail to meet the federal flammability standard for carpets and rugs, posing a fire hazard.”
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Product Recall

Consumer Product Safety Commission Announces 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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

  1. Specialized Bicycle Components Recalls Electric Mountain Bike Battery Packs Due to Fire and Burn Hazards (Recall Alert). According to the CPSC, “[w]ater can penetrate the seal around the LED control pad on the bicycle’s lithium-ion battery pack and cause the battery to short circuit, posing fire and burn hazards.”
  2. 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.”
  3. BRP Recalls Side-by-Side Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he stock CVT air intake can become completely obstructed with snow causing the drive belt to overheat and break, posing a fire hazard.”
  4. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[a] raised edge on the machined surface of the turbocharger castings can result in an oil leak, posing a fire hazard.”
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Recall Alert

Two Million Dehumidifiers With Well-Known Brand Names Recalled


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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 4, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Two Million Dehumidifiers With Well-Known Brand Names Recalled Due to Fire and Burn Hazards; Manufactured by New Widetech.

The brands recalled included identified dehumidifiers manufactured under the brand names:  AeonAir, Amana, ArticAir (Danby), Classic (Danby/ Home Hardware Stores), Commercial Cool, Danby, Danby Designer, Danby Premiere, De’Longhi, Edgestar, Friedrich, Generations (Danby), Haier, Honeywell (JMATEK / AirTek, Idylis, Ivation, Perfect Aire, SuperClima, Whirlpool and Whynter.

According to the CPSC, “[t]he recalled dehumidifiers can overheat and catch fire, posing fire and burn hazards.”

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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 July 21, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. American Outdoor Brands Recalls Caldwell Earmuffs with Rechargeable Lithium-Battery Packs Due to Fire and Burn Hazards. According to the CPSC, “[t]he soldering within the lithium-battery pack housing can allow the wiring to detach and cause the unit to overheat, posing fire and burn hazards.”
  2. Rite Aid Recalls Rechargeable Handheld Fans Due to Fire Hazard. According to the CPSC, “[t]he fan’s lithium ion battery can overheat while charging, posing a fire hazard.”
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Rhode Island Changes Its Products Liability Law


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Rhode Island’s governor, Daniel McKee, signed 2021 R.I. HB 5867/2021 R.I. SB 736 into law on July 13, 2021. The enactment changes Rhode Island’s products liability law and impacts how courts treat a manufacturer’s or seller’s claim that it is not liable due to a subsequent alteration or modification of the product. Continue reading

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