Author Archives: William L. Doerler

Product Recall

Garia Recalls Golf & Courtesy Electric Vehicles


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

Garia Recalls Golf & Courtesy Electric Vehicles Due to Fire Hazard.

According to the CPSC, “[a] fuse can overheat and melt while the electric vehicle is charging, posing a fire hazard.”

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

Fully Popped Recalls Poppin’ Cobs 10 Pack Microwave Popcorn


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 March 7, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Fully Popped Recalls Poppin’ Cobs 10 Pack Microwave Popcorn Due to Fire and Burn Hazards; Sold Exclusively at Uncommon Good Stores.

According to the CPSC, “[t]he popcorn’s paper bag can catch fire in the microwave, posing fire and burn hazards.”

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

Epson Recalls Power Adapters Sold With Epson Scanners


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 May 1, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Epson Recalls Power Adapters Sold with Epson Scanners Due to Burn and Fire Hazards.

According to the CPSC, “[t]he power adapters can overheat, melt and catch fire, posing burn and fire hazards.”

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

Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose


This entry was posted by on .

In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code § 941(a). The Fourth District held that the agreement between the condominium owner and developer for Smart Corner Condominiums and the general contractor, Hensel Phelps Construction Co. (Hensel Phelps) – which determined the date of “substantial completion” for the construction project – did not control when the statute of repose started to run. Continue reading

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

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 April 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. Polaris Recalls Model Year 2018 to 2020 Ranger XP 1000 Off-Road Vehicles. According to the CPSC, “[th]e clutch belt can break and damage the secondary clutch and the fuel line, posing a fire hazard to the rider.”
  2. Polaris Recalls Model Year 2019 to 2020 Ranger XP 1000 Off-Road Vehicles. According to the CPSC, “[t]he fuel line can be misrouted above the bracket that protects the fuel line from a clutch belt failure, posing a fire hazard to consumers.”
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 April 2, 2019, the CPSC announced the following recalls related to products that present fire hazards:

  1. Southern Motion Recalls “Wireless Power” Reclining Furniture Due to Fire Hazard. According to the CPSC, “[t]he lithium-ion batteries used to power the “Wireless Power” reclining furniture can overheat, posing a fire hazard.”
  2. Stelpro Design Recalls Sonoma Wall Fan Heaters Due to Fire Hazard. According to the CPSC, “[a]n internal part of the heater fails to meet flammability performance requirements, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .
Construction Defect

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums


This entry was posted by on .

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

This entry was posted in Construction Defects, Minnesota, Statute of Limitations-Repose, Warranty - Construction and tagged , , , , .
Recall Alert

Kawasaki USA Recalls Off-Highway Utility Vehicles


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 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.”

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

Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers


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 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.”

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

American Honda Recall of Portable Generators


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 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.