This entry was posted in Class Actions, CPSC Recalls, Products Liability and tagged Products Liability.
In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On August 24, 2023, the CPSC issued a warning urging consumers to “immediately stop using certain Classic Brands Holdings LLC Cool Gel Ventilated Memory Foam mattresses.” According the CPSC, “[t]he mattresses pose a fire hazard and fail to meet the mandatory federal flammability standard for mattresses.” Apparently, the importer, Classic Brands Holdings LLC, is going out of business and is unable to conduct a recall.
You can find out more information about the warning here.
Product images from the CPSC website are set forth below:
This entry was posted in California, Class Actions, Products Liability, Right to Repair Act and tagged California, Products Liability, Right to Repair Act.
In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a plumbing fixture for alleged defects in the product. After an extensive analysis of the language of the Act, the court found that class action claims under the Act are not allowed if the product was completely manufactured offsite. Since the subject fixture was completely manufactured offsite, the Court of Appeal reversed the lower court’s decision. The court’s holding establishes that rights and remedies set forth in the Right to Repair Act are not available for class action claims alleging defects in products completely manufactured offsite. Continue reading