Author Archives: William L. Doerler

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 March 30, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Higdon Outdoors Recalls Battery Packs on XS Series Motion Waterfowl Decoys and Replacement Battery Packs Due to Fire and/or Burn Hazards. According to the CPSC’s website, “[t]he recalled waterfowl decoys’ lithium-ion battery packs or replacement battery packs can overheat while charging or soon after charging, posing a fire and/or burn hazard.”
  2. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he alternator can fail during operation, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

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.  Recently, the CPSC announced the following recalls related to products that present fire hazards:

  1. STIHL Incorporated Recalls Docking Stations Sold with STIHL iMOW Robotic Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he docking station’s printed circuit board can short circuit when exposed to moisture, posing a fire hazard.”
  2. Polaris Recalls Sportsman All-Terrain Vehicles Due to Fire and Crash Hazards (Recall Alert). According to the CPSC’s website, “[a]n improperly assembled wiring harness can contact the brake line and/or vehicle frame during use which can result in a loss of the use of the front brakes and/or fire, posing fire and crash hazards.”
  3. Sunbeam Heated Blankets Recalled Due to Burn and Fire Hazards; Distributed by Star Elite. According to the CPSC’s website, “[t]he recalled heated blankets can overheat, posing fire and burn hazards.”
  4. Kawasaki Motors USA Recalls Engines Sold on Ferris and SCAG Riding Lawn Mowers Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he high-pressure fuel line can get damaged by contact with the fuel pump cover, causing a fuel leak that poses burn and fire hazards.”

 

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

Florida Passes Tort Reform Bill


This entry was posted by on .

On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837.  The bill impacts, among other things, bad faith actions and attorney’s fee awards.  Of particular importance to subrogation professionals are provisions impacting comparative fault, the statute of limitations and premises liability with respect to the criminal acts of third persons.

With respect to the statute of limitations, the bill amended Fla. Stat. § 95.11(3) and (4), to reduce the statute of limitations for negligence actions from four (4) years to two (2) years.

As for comparative fault, Fla. Stat. § 768.81 was amended to move Florida from a pure comparative fault jurisdiction for negligence actions to a modified comparative fault jurisdiction.  Pursuant to § 768.81(6), as revised, in a negligence action subject to that section, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”  Section 768.81(6), however, does not apply to actions for damages for personal injury or wrongful death arising out of medical negligence.

Continue reading →

This entry was posted in Comparative-Contributory Negligence, Contribution-Apportionment, Florida, Negligence, Statute of Limitations-Repose and tagged , , , , , , .

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 March 9, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Fantasia Trading Recalls Anker Power Banks Due to Fire Hazard | CPSC.gov. According to the CPSC’s website, “[t]he lithium-ion batteries in the recalled power banks can overheat, posing a fire hazard.”
  2. Monoprice Recalls Pure Outdoor Cooking System Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he insulation coating on the stove can ignite during use, posing a fire hazard.”
  3. Bedshe International Recalls Bedsure Electric Heating Blankets and Pads Due to Fire and Thermal Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he controller for the electric heating blankets and pads can malfunction, posing fire and thermal burn hazards.”
  4. Vornado Air Recalls Portable SRTH Small Room Tower Heaters Due to Fire Hazard. According to the CPSC’s website, “[t]he heaters have a miswiring due to a manufacturing error which can cause the tower heater to overheat, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

Relion Battery Recalls Relion Insight Series Lithium Batteries


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 2, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Relion Battery Recalls Relion Insight Series Lithium Batteries Due to Thermal Burn and Fire Hazards.

According to the CPSC’s website, “[t]he batteries can overheat, posing thermal burn and fire hazards.”

Product images from the CPSC website are set forth below:

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

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 February 23, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Two Million COSORI® Air Fryers Recalled by Atekcity Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[a] wire connection in the air fryers can overheat, posing fire and burn hazards.”
  2. More than 1.2 Million Mainstays Three-Wick Candles Recalled by Star Soap Star Candle Prayer Candle Due to Fire and Laceration Hazards; Sold Exclusively at Walmart. According to the CPSC’s website, “[t]he candle wicks can burn too close to the side of the container, causing the glass to break, posing fire and laceration hazards.”

 

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

Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone


This entry was posted by on .

In United States Aviation Underwriters v. Turnberry Airport Holdings, LLC, No. 3D22-270, 2023 Fla. App. LEXIS 1207 (U.S. Aviation), the Court of Appeal of Florida, Third District (Appellate Court) considered whether the insurer for a commercial landlord could pursue subrogation against the landlord’s tenant.  Based on the terms of the lease between the landlord and the tenant, the Appellate Court held that the landlord’s insurer could not pursue subrogation.

In U.S. Aviation, the defendant, Turnberry Airport Holdings, LLC (Turnberry Airport) leased space to an insured aircraft owner.  The lease contained the following provision:

TENANT agrees that all policies of insurance obtained by it in connection with the Space or as required hereunder shall contain appropriate waiver of subrogation clauses.

Continue reading →

This entry was posted in Florida, Landlord-Tenant, Subrogation, Sutton Doctrine and tagged , , .

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.  Recently, the CPSC announced the following recalls related to products that present fire hazards:

  1. Paradise Grills Recalls Outdoor Kitchens Due to Fire and Burn Hazards. According to the CPSC’s website, “[l]iquid propane (LP) gas can accumulate inside the closed lid and cabinets, causing an explosion when the user relights the grill, posing fire and burn hazards to the user.”
  2. Textron Specialized Vehicles Recalls E-Z-GO PTVs Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he electronic board that powers the USB port can overheat and ignite adjacent components, posing a fire hazard.”
  3. BRP Recalls Side-By-Side Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled vehicles can have a defective fuel hose assembly which could lead to a fuel leak, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

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 January 19, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Ross Stores Recalls Taylor and Finch Six-Wick Scented Candles Due to Fire and Injury Hazards. According to the CPSC’s website, “[t]he product can combust while lit causing the glass container to break, posing fire and injury hazards.”

2. Lifetime Brands Recalls Hot Chocolate Pots Due to Fire Hazard; Sold Exclusively at Williams-Sonoma. According to the CPSC’s website, “[t]he hot chocolate pots are mislabeled as microwave safe. If microwaved, the metallic paint on the pots can spark, posing a fire hazard.”

3. Vanessa Fire Tables Recalled Due to Fire Hazard; Imported by Ove Decors. According to the CPSC’s website, “[t]he gas hose can come into contact with the heat shield, melting the hose and igniting the fire table, posing a fire hazard.”

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

BISSELL Recalls Cordless Multi-Surface Wet Dry Vacuums


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 January 12, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

BISSELL Recalls Cordless Multi-Surface Wet Dry Vacuums Due to Fire Hazard.

According to the CPSC’s website, “[t]he circuit board inside the vacuum’s battery pack can overheat and smoke, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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