Product Recall

Textron Specialized Vehicles Recalls Gas-Powered Golf, PTV, Utility and Shuttle Off-Road Vehicles


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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 February 13, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Textron Specialized Vehicles Recalls Gas-Powered Golf, PTV, Utility and Shuttle Off-Road Vehicles Due to Fire Hazard.

According to the CPSC, “[t]he starter generator wire can be improperly secured, allowing it to come into contact with the vehicle’s exhaust, posing a fire hazard.”

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Recall Alert

Star Water Systems Recalls Sump Pumps


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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 February 6, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Star Water Systems Recalls Sump Pumps Due to Fire Hazard.

According to the CPSC, recall involves pedestal sump pumps that are used in residential de-watering. “The sump pumps can overheat, posing a risk of fire.”

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Large Property Loss

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property


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In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in the defendant’s natural gas line, were time-barred by the six-year statute of repose for improvements to real property. The Appeals Court held that the statute of repose did not apply to the plaintiff’s claims, which were related to the defendant’s alleged failure to maintain its property. Thus, in Massachusetts, the statute of repose does not apply if the plaintiff’s claim is rooted in the failure to maintain an improvement, rather than negligent design or construction of the improvement. Continue reading →

This entry was posted in Construction Defects, Massachusetts, Statute of Limitations-Repose, Subrogation and tagged , , , .
Gavel

Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine


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In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss in the context of the ELD, the court concluded that the plaintiff could proceed with a negligence claim against a contractor that performed work on the home. Continue reading →

This entry was posted in Construction Defects, Economic Loss Doctrine, Oregon and tagged , , .
Community

Virginia Molds Tort Versus Contract Law in New Home Construction Case


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Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims. However, states are increasingly attempting to define the scope of when the “gist of the action” is based in contract only. In Tingler v. Graystone, 834 S.E.2d 244 (Va. 2019), the Supreme Court of Virginia defined that scope in terms of new home construction. The court defined the “source of duty rule” by holding that claims of nonfeasance sounding only in contract do not give rise to an independent tort claim. The court also reiterated its application of the economic loss doctrine, stating that, when negligent actions result in damage to property other than the product itself, there can be a viable tort claim. Continue reading →

This entry was posted in Construction Defects, Contracts, Economic Loss Rule, Virginia and tagged , , .
Product Recall

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors


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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 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors Due to Fire Hazard.

According to the CPSC, “[t]he contents of the cans can react with the package, causing rust to form along the can seam, which could spread to other areas of the can and create pinhole leaks.  Leaking propellant poses a fire hazard when it comes into contact with sources of ignition.  Leaking sealer can also result in property damage.”

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Gavel

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects


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In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related entities, all of whom were involved in the construction of a multi-phase construction project. The court held that, in this context, completion of the “improvement” – which was the whole project, rather than each individual phase – triggered the six-year statute of repose. The court also held that the plaintiffs’ misrepresentation, breach of fiduciary duty and unfair business practices claims were not claims based on the design and construction of the improvement and, thus, were not subject to the statute of repose.

Continue reading →

This entry was posted in Construction Defects, Fraud - Misrepresentation, Massachusetts, Statute of Limitations-Repose and tagged , , , , .
Fire

Establishing Proximate Cause Where Both Roads Lead to the Defendant


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In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its motion, the defendant argued that the plaintiff could not prove that the defendant’s conduct was the proximate cause of the fire at issue because the plaintiff’s liability expert identified two possible causes of the fire. The Court of Appeals, finding issues of fact remain as to whether the defendant was solely responsible for both possible causes, reversed the summary judgment ruling. This case establishes that, in Ohio, if all likely causes implicate solely the defendant’s alleged negligent conduct, a plaintiff’s inability to identify, definitively, one cause of a loss does not necessarily preclude the plaintiff from establishing proximate cause.

Continue reading →

This entry was posted in Causation, Negligence, Ohio and tagged , , .
Recall Alert

Bass Pro Recalls MR. STEAK™ Gas Grills


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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, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Bass Pro Recalls MR. STEAK™ Gas Grills Due to Fire Hazard.

According to the CPSC, “[t]he gas regulator hose with attached fuel gauge can melt if it comes in contact with the bottom of the grill’s firebox, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability.
Product Recall

WilliamsRDM Recalls Cooktop Fire Suppressors


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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 6, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

WilliamsRDM Recalls Cooktop Fire Suppressors Due to Risk of Failure to Activate and Suppress Fires.

According to the CPSC, “[t]he StoveTop FireStop (STFS) Rangehood and Microhood Automatic Cooktop Fire Suppressors can fail to activate the sealed openings that allow the suppressant powder to feed out of the canister and suppress the fire.”

This entry was posted in CPSC Recalls, Products Liability.