Author Archives: William L. Doerler

Recall Alert

Segway Powersports Recalls Fugleman Utility Terrain Vehicles (UTVs)


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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 July 7, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Segway Powersports Recalls Fugleman Utility Terrain Vehicles (UTVs) Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he cockpit rear panel between the seats and the cargo bed can overheat and melt the plastic, posing a fire hazard.” Continue reading

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Product Recall

Consumer Product Safety Commission Recalls


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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 June 23, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. SunVilla™ Corporation Recalls Solar LED Market Umbrellas Due to Fire and Burn Hazards; Sold Exclusively at Costco (Recall Alert). According to the CPSC’s website, “[t]he lithium-ion batteries in the umbrella’s solar panels can overheat, posing fire and burn hazards.”
  2. MTD Products Recalls Troy-Bilt Spacesavr Walk-Behind Self-Propelled Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he mower can leak fuel when it is stored in the upright (vertical) storage position, posing a fire hazard.”
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Recall Alert

Consumer Product Safety Commission Recalls


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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 June 16, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Sienhua Group Recalls WarmWave and Hunter Ceramic Tower Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ceramic tower heater’s cord and plug can overheat when in use, posing fire and burn hazards.”
  1. Schneider ElectricTM Recalls 1.4 Million Electrical Panels Due to Thermal Burn and Fire Hazards. According to the CPSC’s website, “[t]he load center can overheat, posing thermal burn and fire hazards.”
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Product Recall

Spirit Halloween Recalls Black Light Fixtures


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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 June 9, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Spirit Halloween Recalls Black Light Fixtures Due to Fire and Burn Hazards.

According to the CPSC’s website, “[t]he bulb in the fixture can pop, flash and overheat, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

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

DEMDACO Recalls Microwavable Bowl Holders


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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 June 2, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

DEMDACO Recalls Microwavable Bowl Holders Due to Fire Hazard.

According to the CPSC’s website, “[t]he bowl holder’s fabric can char after being microwaved for the suggested three minutes, posing a fire hazard.”

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Gavel

The Blame Game: Georgia Updates Its’ Apportionment of Fault Statute to Apply to Single-Defendant Lawsuits


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For all cases filed after May 13, 2022, Georgia has amended its apportionment of fault statute, O.C.G.A. § 51-12-33. The amendment affects subsection (b), which formerly stated that in actions brought against “more than one person for injury to person or property,” the amount of damages awarded, after taking a reduction for the plaintiff’s percentage of fault, shall be apportioned among the person or persons liable according the each person’s percentage of fault. It also eliminated joint liability and the right of contribution. The amended subsection (b) now applies to actions brought “against one or more persons,” thus allowing courts to apply the statute to single-defendant lawsuits. Continue reading

This entry was posted in Contribution-Apportionment, Georgia, Joint or Several Liability and tagged , , , .
Gavel

Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?


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Many courts enforce forum selection clauses in contracts between parties. In W. Bay Plaza Condo. Ass’n v. Sika Corp., No. 3D21-1834, 2022 Fla. App. LEXIS 1637 (W. Bay Plaza), the Court of Appeal of Florida, Third District (Court of Appeal) answered the question of whether a mandatory forum selection clause in a manufacturer’s warranty was enforceable as to a condominium association, who was a non-signatory. The trial court enforced the forum selection clause – calling for litigation in New Jersey rather than Florida – and the Court of Appeal affirmed the ruling. Continue reading

This entry was posted in Construction Defects, Contracts, Florida, Privity, Warranty – Express and tagged , , , , , , .
Product Recall

Yamaha Recalls Wolverine RMAX Off-Road Side-By-Side 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 May 12, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Recalls Wolverine RMAX Off-Road Side-By-Side Vehicles Due to Fire and Explosion Hazards (Recall Alert).

According to the CPSC’s website, “[t]he recalled vehicles can have a damaged fuel tank causing fuel to leak, posing fire and explosion hazards.”

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Recall Alert

Santa Cruz Bicycles Recalls Heckler 9 Electric Bicycles


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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 May 5, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Santa Cruz Bicycles Recalls Heckler 9 Electric Bicycles Due to Fall and Fire Hazards.

According to the CPSC’s website, “[t]he latch mechanism that holds the battery in place can malfunction, causing the battery to dislodge from the frame and fall to the ground, posing a fall hazard to the rider. Additionally, the latch spring can cause additional wear on the battery housing over time, posing a fire hazard.”

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Product Recall

Consumer Product Safety Commission Recalls


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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 April 21, 2022 and April 28, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Best Buy Recalls Insignia™ Air Fryers and Air Fryer Ovens Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he air fryers and air fryer ovens can overheat, posing fire and burn hazards.”
  1. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[a]n incorrectly routed battery cable can contact the prop shaft during use, which can result in an electrical short, posing a fire hazard.”
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