This Girl is on Fire: A Conversation with Senior Fire Investigator, Rachael Klein


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The newest episode of the Subro Sessions podcast is out now. This episode is hosted by Katherine Dempsey and Melissa Kenney who are joined by Rachael Klein, Senior Fire Investigator at EFI Global. Rachael discusses what the procedures are for fire investigators when they arrive at a loss site, detailing how she finds the area of origin by identifying fire effects and patterns, preserving the scene and if there is potential for subrogation.

If you want to hear more about relevant subrogation topics, tune in on the third Tuesday of every month for the newest episode of Subro Sessions.

Check the all of our Subro Sessions podcast episodes.

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Product Recall

Generac Recalls Portable Generators


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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 14, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Generac Recalls Portable Generators Due to Serious Fire and Burn Hazards.

According to the CPSC’s website, “[t]he recalled generators’ fuel tank can fail to vent adequately from the rollover valve, causing the gas tank to build up excess pressure and expel fuel when opened, posing fire and burn hazards.”

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 September 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Whirlpool Recalls Stacked Commercial Clothes Dryers Sold Under the ADC Brand Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled clothes dryers can overheat and ignite the clothes load, posing a fire hazard.
  2. Engineered Controls International Recalls LP Gas Compact Regulators Due to Fire Hazard. According to the CPSC’s website, “[t]he regulators could leak gas, posing a fire hazard.”
  3. ARGO Recalls ARGO Xplorer All-Terrain Vehicles (ATVs) Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[i]ncorrectly installed check valves and vent hoses can lead to fuel overflow, posing a fire hazard.”

 

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Consumer Product Safety Commission Recall


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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 31, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Electrolux Group Recalls Frigidaire Gas Cooktops Due to Risk of Gas Leak, Fire Hazard. According to the CPSC’s website, “[p]lastic control knobs with a black shaft on the cooktop can crack or break during use, posing a risk of gas leak, fire hazard.”
  2. Bombardier Recreational Products (BRP) Recalls Ski-Doo and Lynx Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he main injector fuel return hose can leak, posing a fire hazard. This can also result in serious property damage, injuries or even death.”
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Handshake

Whirlpool Agrees to Pay $11.5 Million Civil Penalty


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The Consumer Product Safety Commission (CPSC) recently announced that Whirlpool Corporation agreed to pay an $11,500,000 civil penalty associated with the CPSC’s charges that Whirlpool knowingly failed to immediately report to the CPSC – as required by law – that 17 models of Whirlpool’s JennAir, KitchenAid and Whirlpool brand electric radiant heat cooktops contained a defect that created an unreasonable risk of serious injury. The CSPC commissioners involved in the matter unanimously agreed to provisionally accept the settlement agreement, subject to public comment.

The CPSC announcement indicated that between November 2017 and into 2019, despite possessing information that reasonably supported the conclusion that the cooktops were defective, Whirlpool did not immediately report the problem to the CPSC. By the time Whirlpool initially reported the issue to the CPSC, “Whirlpool had received at least 157 reports of the cooktops turning on by themselves, including 14 reports of property damage, four reports of objects igniting, and two reports of minor burns.” Whirlpool and the CPSC made a joint announcement recalling the cooktops on August 28, 2019.

If you are involved with a property damage claim associated with a cooktop inadvertently activating, you should consider contacting a subrogation professional to determine whether the product activated because of a product defect, an installation error or due to another factor, such operator error. Our attorneys and nationwide network of experts can assist you with making that determination.

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Consumer Product Safety Commission Warning – Classic Brands Holdings LLC Cool Gel Ventilated Memory Foam Mattresses


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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 August 24, 2023, the CPSC issued a warning urging consumers to “immediately stop using certain Classic Brands Holdings LLC Cool Gel Ventilated Memory Foam mattresses.”  According the CPSC, “[t]he mattresses pose a fire hazard and fail to meet the mandatory federal flammability standard for mattresses.”  Apparently, the importer, Classic Brands Holdings LLC, is going out of business and is unable to conduct a recall.

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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Product Recall

Aiper Elite Pro Cordless Robotic Pool Vacuum Cleaners Recalled Due to Burn and 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 August 24, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Aiper Elite Pro Cordless Robotic Pool Vacuum Cleaners Recalled Due to Burn and Fire Hazards; Distributed by Shenzhen Aiper Intelligent Co. (Recall Alert).

According to the CPSC’s website, “[w]hen the charging cord is plugged into the device without the adapter and/or directly into the charging port on the machine, the battery can overheat and short circuit, posing burn and fire hazards.”

Product images from the CPSC website are set forth below:

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

Consumer Product Safety Commission Recall


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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 16, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Gree Recalls 1.56 Million Dehumidifiers Due to Fire and Burn Hazards; Reports of At Least 23 Fires

According to the CPSC’s website, “[t]he dehumidifiers can overheat, smoke, and catch fire, posing fire and burn hazards to consumers.”

Product images from the CPSC website are set forth below:

 

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Costco Recalls Ubio Labs Power Banks 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 August 17, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Costco Recalls Ubio Labs Power Banks Due to Fire Hazard; Caught Fire on Commercial Flight (Recall Alert)

According to the CPSC’s website, “[t]he recalled power banks can overheat and ignite, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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Clock’s Ticking: Discussion of the Statute of Repose and its Impact on Subrogation


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The newest episode of the Subro Sessions podcast is out now. Hosted by Gus Sara, Partner, and Joseph Kuffler, Counsel, this episode tackles a part of the subrogation process that’s all about timing: the statute of repose.

In the latest episode of Subro Sessions, these White and Williams professionals tackle the core principles and issues brought up by the statute of repose. Gus and Joe will define the statute of repose, explain it’s intended purpose and how it is applied, and use real-life examples from their experiences dealing with this topic.

Check the all of our Subro Sessions podcast episodes.

 

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