Category Archives: Products Liability

Pointing out a Problem

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


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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

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Product Recall

Consumer Product Safety Commission Announces Multiple Fireworks 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 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.

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Recall Alert

QTOP USA Recalls Led Work Light Replacement Bulbs


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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 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.”

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Product Recall

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


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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 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.

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Recall Alert

Excel Industries Recalls Zero-Turn Mowers


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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 30, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Excel Industries Recalls Zero-Turn Mowers Due to Fire Hazard.

According to the CPSC, “[a] wire tie underneath the seat could damage the fuel line, posing a fire hazard.”

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Product Recall

Target Recalls USB Charging Cables


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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 29, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Target Recalls USB Charging Cables Due to Shock and Fire Hazards.

According to the CPSC, “[t]he metal around the cord can become electrically charged if it contacts the USB wall charger plug prongs while charging, posing shock and fire hazards.”

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Recall Alert

Consumer Product Safety Commission Recalls Products Due To Fire Hazards


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

Tween Brands Recalls Light Up Bed Canopies Due to Fire and Burn Hazards;

DAVIDsTEA Recalls Valentine’s Day Stackable Mugs Due to Fire Hazard.

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Product Recall

Arctic Cat Recalls Snowmobiles


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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 18, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Arctic Cat Recalls Snowmobiles Due to Fire Hazard.

According to the CPSC, “[w]hile operating the snowmobile the exhaust can flame from the muffler outlet, posing a fire hazard.”

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Recall Alert

Interline Brands Recalls Proplus Brass Flare Swivel Fittings


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

Interline Brands Recalls Swivel Fittings Due to Fire Hazard.

According to the CPSC, “[t]he fittings can leak, posing a fire hazard.” The swivels are used “primarily for LP gas (propane) applications by professional installers.”

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Product Recall

Consumer Product Safety Commission Announces Multiple 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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

Kubota Recalls Zero Turn Mowers Due to Fire Hazard (March 20, 2019);

American Honda Recalls Portable Generators Due to Fire and Burn Hazards (March 20, 2019);

Bulk Unlimited Recalls Children’s Globes Due to Fire and Burn Hazards (March 21, 2019).

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