Category Archives: Products Liability

Minnesota Clarifies the “Machinery/Equipment” Exception to the Statute of Repose for Improvements to Real Property and Adopts Test for Establishing a Post-Sale Duty to Warn


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In a recent decision, Great Northern Ins. Co. v. Honeywell Int’l, Inc., 2018 Minn. LEXIS 236, the Supreme Court of Minnesota addressed two important legal questions: (1) did the “machinery and equipment” exception to Minnesota’s statute of repose for improvements to real property allow the plaintiff to bring claims against the manufacturer of a component part used in a home’s heat-recovery ventilator; and (2) did the defendant have a post-sale duty to warn the plaintiff? In answering the first question, the court clarified the meaning of the term “machinery” as used in Minnesota’s statute of repose. In answering the second question, the court adopted a test to apply to determine the circumstances under which a defendant in a product’s chain of distribution has a post-sale duty to warn. Continue reading

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Consumer Product Safety Commission Recall


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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 5, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Keyera Energy Recalls to Inspect Propane Gas Due to Fire and Explosion Hazards

According to the CPSC, the recalled propane gas does not contain sufficient levels of odorant to help alert consumers to a gas leak.

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Kohler Recalls Automatic Transfer Switches for Kohler Generators


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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 23, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kohler Recalls Automatic Transfer Switches for Kohler Generators Due to Fire Hazard

According to the CPSC, this recall involves Kohler 100-amp service entrance rated automatic transfer switches used with Kohler brand residential and commercial generators.

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Regency Fireplace Products Recalls Gas Stove Fireplaces


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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 15, the CPSC announced the following recall related to a product that presents an explosion hazard:

Regency Fireplace Products Recalls Gas Stove Fireplaces Due to Explosion and Injury Hazards

According to the CPSC, the pressure release system can fail and cause the gas stove to explode.

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Vornado Air Recalls Electric Space 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 April 4, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Vornado Air Recalls Electric Space Heaters Due to Fire and Burn Hazards

According to the CPSC, the electric space heater can overheat when in use.

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Carrier® Recalls to Repair Commercial Rooftop HVAC Units


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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 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Carrier® Recalls to Repair Commercial Rooftop HVAC Units Due to Fire Hazard

According to the CPSC, “[t]he HVAC’s humidimizer fan can fail to shut off when a connected smoke detector is tripped, posing a fire hazard.”

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Kidde Recalls Dual Sensor Smoke Alarms


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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 21, 2018, the Consumer Product Safety Commission announced a recall of Kidde dual sensor smoke alarms because they pose a risk of consumers not being alerted to a fire in their home.  The recall is detailed at the following link:

Kidde Recalls Dual Sensor Smoke Alarms Due to Risk of Failure to Alert Consumers to a Fire

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Beanworthy Recalls Combination Battery Chargers/Hand Warmers Sold Exclusively at Amazon.com


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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 15, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Beanworthy Recalls Combination Battery Chargers/Hand Warmers Due to Fire and Burn Hazard; Sold Exclusively at Amazon.com (Recall Alert)

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Consumer Product Safety Commission Recalls Goodman Manufacturing and Goodman Company 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 Consumer Product Safety Commission announced the following recall notices related to products that present fire hazards:

Goodman Manufacturing Recalls Modular Blowers Due to Fire Hazard
Goodman Company Recalls Packaged Terminal Air Conditioners and Heat Pumps Due to Burn and Fire Hazards.

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Fujitsu Recalls Battery Packs for Fujitsu Notebook Computers and Workstations


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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 February 8, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Fujitsu Recalls Battery Packs for Fujitsu Notebook Computers and Workstations Due to Fire and Burn Hazards

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