Author Archives: William L. Doerler

Construction Defect

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums


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Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how Minnesota’s 10-year statute of repose, Minn. Stat. § 541.051, applies to claims arising from the construction of a condominium complex. The court held that the statute of repose begins to run at different times for: a) statutory residential warranty claims brought pursuant to Minn. Stat. §§ 327A.01 to 327A.08, et. seq.; and b) common law claims arising out of the defective and unsafe condition of the condominium buildings. Continue reading

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Recall Alert

Kawasaki USA Recalls Off-Highway Utility 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 March 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Oil Leak, Fire Hazard.

According to the CPSC, “[d]ebris can ignite on the vehicle’s exhaust manifold; and frozen water can block the breather hose allowing oil to leak, posing a fire hazard.”

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Product Recall

Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers


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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 March 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers Due To Burn, Shock and Fire Hazard.

According to the CPSC, “[t]he vaporizers can overheat, and the vaporized materials can pose a burn risk if spilled or cause a fire if they fall onto a combustible surface.  The Deluxe model vaporizer also poses an electrical shock hazard if a consumer touches a small copper piece at the base of the vaporizer while in use.”

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Recall Alert

American Honda Recall of 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 March 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

American Honda Recall of Portable Generators Due to Fire and Burn Hazards.

According to the CPSC, “[t]he portable generator’s inverter assembly can short circuit with the presence of salt water. This causes the unit to smoke or catch fire, posing fire and burn hazards to consumers.”

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

Yamaha Guitar Group Recalls Digital Wireless Equipment for Electric Guitars


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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 March 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Guitar Group Recalls Digital Wireless Equipment for Electric Guitars Due to Fire and Injury Hazards.

According to the CPSC, “[t]he lithium-ion battery can overheat and the battery cover can separate with force, posing fire and injury hazards.”

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Recall Alert

RH Recalls Floor Lamps


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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 March 5, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

RH Recalls Floor Lamps Due to Fire Hazard.

According to the CPSC, “[t]he lamp’s on/off foot switch can overheat, melt or catch fire, posing a fire hazard.”

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

Lennox Industries Recalls Ductless Heat 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 27, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Lennox Industries Recalls Ductless Heat Pumps Due to Fire Hazard.

According to the CPSC, “[i]nternal electrical components can fail, allowing the units to overheat, posing a fire hazard.”

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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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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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