Author Archives: William L. Doerler

Product Recall

Carrier and Bryant-Branded Heat Pumps and Kawasaki Motors USA Lawn Mower Engine 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 October 8, 2019, and October 10, 2019, the CPSC announced the following recalls related to products that present fire hazards:

Carrier Recalls Carrier- and Bryant-Branded Heat Pumps Due to Fire Hazard; and

Kawasaki Motors USA Recalls Lawn Mower Engines Due to Burn and Fire Hazards.

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

Whirlpool Recalls Glass Cooktops with Touch Controls


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 28, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Whirlpool Recalls Glass Cooktops with Touch Controls Due to Burn and Fire Hazards.

According to the CPSC, “[t]he recalled cooktop surface elements can turn on by themselves, posing burn and fire hazards.”

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

At Home Recalls Shag Rugs


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 27, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

At Home Recalls Shag Rugs Due to Violation of Federal Flammability Standard; Fire Hazard.

The CPSC posted the following information about the hazard:

The recalled large shag rugs fail to meet the federal flammability standard for carpets and rugs, posing a fire hazard. The small shag rugs fail to meet federal labeling requirements. Small rugs are not required to meet the federal flammability standard; however, they are required to be permanently labeled with the following statement: “FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70): SHOULD NOT BE USED NEAR SOURCES OF IGNITION.”

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

Southwire Recalls Electrical Outlet Boxes


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 20, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Southwire Recalls Electrical Outlet Boxes Due to Fire Hazard.

According to the CPSC, “[t]he electrical receptacles can overheat when in use, posing a fire hazard.”

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

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision


This entry was posted by on .

Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v. Volkswagen Grp. of Am., No. 1405 EDA 2018, 2019 Pa. Super. Unpub. LEXIS 2763, the Superior Court of Pennsylvania, in an unpublished opinion,[1] recently addressed whether the trial court gave proper jury instructions in a products liability case against Volkswagen entities, including Volkswagen Aktiengeselleschaft (Volkswagen). The court held that, despite a statement in Tincher that the plaintiff is the “master of the claim,” the trial court properly instructed the jury on both the consumer expectation test and the risk-utility test for establishing that the product at issue, a Volkswagen Passat, was in a defective condition. Continue reading

This entry was posted in Pennsylvania, Products Liability and tagged , , .
Pointing out a Problem

New York Court Takes the Bite Out of a Food Manufacturer’s Request for Destructive Testing


This entry was posted by on .

Although there are times when both parties agree on the need to perform destructive tests on an object, when the parties disagree, the party seeking the destructive tests must justify its request. In Doerrer v. Schreiber Foods, Inc., et al., No. 2017-08582, 2019 N.Y. App. Div. LEXIS 4743, the Second Department of the Supreme Court of New York’s Appellate Division recently explained what a defendant moving to secure destructive testing needs to show in order to perform the testing it seeks. Continue reading

This entry was posted in Food and Beverage, New York, Products Liability and tagged , , , .
Product Recall

Consumer Product Safety Commission Announces Multiple Fireworks 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 June 26, 2019, the CPSC announced the following recalls related to fireworks products that present explosion and burn hazards:

Grandma’s Fireworks Recalls Fireworks Due to Violation of Federal Standards; Explosion and Burn Hazards;

GS Fireworks Recalls Fireworks Due to Violation of Federal Standards; Explosion and Burn Hazards; Sold Exclusively at GS Fireworks;

Patriot Pyrotechnics/Bill’s Fireworks Recalls Fireworks Due to Violation of Federal Standards; Explosion and Burn Hazards; Sold Exclusively at Patriot Pyrotechnics; and

Keystone Recalls G-Force Fireworks Due to Violation of Federal Standard; Explosion and Burn Hazards.

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

QTOP USA Recalls Led Work Light Replacement Bulbs


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 June 25, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

QTOP USA Recalls LED Work Light Replacement Bulbs Due to Fire Hazard.

According to the CPSC, “[t]he LED replacement bulbs can overheat due to an electrical malfunction, posing a fire hazard.”

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

Consumer Product Safety Commission Recalls Honeywell Smoke Sensors and H.E. Industrial Electric Heaters


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 June 21, 2019, the CPSC announced the following recalls related to products that present fire-related hazards:

Honeywell Recalls Gamewell-FCI and Notifier Photoelectric Smoke Sensors Sold with Fire Alarm Systems Due to Failure to Alert of a Fire;

H.E. Industrial Recalls Electric Garage Heaters Due to Fire Hazard.

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

Arizona Purchaser Dwelling Actions Are Subject to a New Construction


This entry was posted by on .

Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural requirements and limit a subcontractor’s indemnity exposure. The governor signed the bill—2019 Ariz. SB 1271—on April 10, 2019, and the changes go into effect and apply, retroactively “to from and after June 30, 2019.” The following discussion details some of the changes to the law. Continue reading

This entry was posted in Arizona, Construction Defects, Right to Repair Act and tagged , , , , .