Author Archives: William L. Doerler

Recall Alert

Lightform Recalls LED Projectors


This entry was posted by on .

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 October 21, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Lightform Recalls LED Projectors Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he projector’s fan can malfunction and overheat, posing a fire hazard.”

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

Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose


This entry was posted by on .

Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada is six years after “substantial completion.” In Somersett Owners Ass’n v. Somersett Dev. Co., 492 P.3d 534 (Nev. 2021), the Supreme Court of Nevada (Supreme Court) discussed when a construction improvement is substantially complete, as defined by the common law, for purposes of NRS 11.202. Because the plaintiff did not establish that its suit was filed within six years of when the rockery walls at issue were substantially complete, the Supreme Court affirmed the decision of the court below. Continue reading

This entry was posted in Construction Defects, Nevada, Statute of Limitations-Repose and tagged , , .
Product Recall

Consumer Product Safety Commission Recalls


This entry was posted by on .

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

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


This entry was posted by on .

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.”

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

Intertex Recalls Blower Fans


This entry was posted by on .

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.”

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

Consumer Product Safety Commission Announces Multiple Rug Recalls


This entry was posted by on .

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

Consumer Product Safety Commission Announces Recalls


This entry was posted by on .

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

Two Million Dehumidifiers With Well-Known Brand Names Recalled


This entry was posted by on .

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.”

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

Consumer Product Safety Commission Recalls


This entry was posted by on .

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

Rhode Island Changes Its Products Liability Law


This entry was posted by on .

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

This entry was posted in Comparative-Contributory Negligence, Products Liability, Rhode Island and tagged , , .