Category Archives: Products Liability

Product Recall

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors


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 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors Due to Fire Hazard.

According to the CPSC, “[t]he contents of the cans can react with the package, causing rust to form along the can seam, which could spread to other areas of the can and create pinhole leaks.  Leaking propellant poses a fire hazard when it comes into contact with sources of ignition.  Leaking sealer can also result in property damage.”

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

Bass Pro Recalls MR. STEAK™ Gas Grills


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 December 10, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Bass Pro Recalls MR. STEAK™ Gas Grills Due to Fire Hazard.

According to the CPSC, “[t]he gas regulator hose with attached fuel gauge can melt if it comes in contact with the bottom of the grill’s firebox, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability.
Product Recall

WilliamsRDM Recalls Cooktop Fire Suppressors


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 December 6, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

WilliamsRDM Recalls Cooktop Fire Suppressors Due to Risk of Failure to Activate and Suppress Fires.

According to the CPSC, “[t]he StoveTop FireStop (STFS) Rangehood and Microhood Automatic Cooktop Fire Suppressors can fail to activate the sealed openings that allow the suppressant powder to feed out of the canister and suppress the fire.”

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

Yamaha Recalls Portable Generators


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 November 26, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Recalls Portable Generators Due to Fire and Burn Hazards.

According to the CPSC, “[t]he portable generator’s fuel tank can leak gasoline, posing fire and burn hazards.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Pointing out a Problem

Amazon Feels the Heat From Hoverboard Fire Claims


This entry was posted by on .

In State Farm Fire & Cas. Co. v. Amazon.com, Inc., No. 3:18CV166-M-P, 2019 U.S. Dist. LEXIS 189053 (Oct. 31, 2019), the United States District Court for the Northern District of Mississippi considered a Motion for Judgment on the Pleadings filed by defendant Amazon.com, Inc. (Amazon). Amazon argued that, because it was a “service provider” who cannot be held liable under Mississippi’s Product Liability Act (MPLA), Miss. Code § 11.1.63, the negligence and negligent failure to warn claims filed against it by plaintiff State Farm Fire & Casualty Company (State Farm) failed as a matter of law. The court, looking beyond the MPLA, held that State Farm’s complaint stated a claim against Amazon. Continue reading

This entry was posted in Mississippi, Products Liability, Subrogation and tagged , .
Product Recall

Carrier and Bryant-Branded Heat Pumps and Kawasaki Motors USA Lawn Mower Engine 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 October 8, 2019, and October 10, 2019, the CPSC announced the following recalls related to products that present fire hazards:

Carrier Recalls Carrier- and Bryant-Branded Heat Pumps Due to Fire Hazard; and

Kawasaki Motors USA Recalls Lawn Mower Engines Due to Burn and Fire Hazards.

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

Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law


This entry was posted by on .

As most subrogation professionals know, Amazon has been fighting products liability claims across the country for some time now. While it has been largely successful in doing so in the past, in a recent decision, Wisconsin sided with the plaintiff. In the case of State Farm Fire & Cas. Co. v. Amazon.com, Inc., 2019 U.S. Dist. LEXIS 122316, 2019 WL 3304887, the United States District Court for the Western District of Wisconsin denied the motion for summary judgment filed by defendant Amazon.com, Inc. (Amazon). The court held that Amazon was so deeply involved with the transaction at issue that it was an entity that could be held strictly liable under Wisconsin law. It also held that 47 U.S.C. § 230 of the Communications Decency Act (CDA) did not immunize Amazon because its liability was not based on posting content from a third party. Continue reading

This entry was posted in Products Liability, Subrogation, Wisconsin and tagged , , .
Product Recall

Whirlpool Recalls Glass Cooktops with Touch Controls


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

Whirlpool Recalls Glass Cooktops with Touch Controls Due to Burn and Fire Hazards.

According to the CPSC, “[t]he recalled cooktop surface elements can turn on by themselves, posing burn and fire hazards.”

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

At Home Recalls Shag Rugs


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 August 27, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

At Home Recalls Shag Rugs Due to Violation of Federal Flammability Standard; Fire Hazard.

The CPSC posted the following information about the hazard:

The recalled large shag rugs fail to meet the federal flammability standard for carpets and rugs, posing a fire hazard. The small shag rugs fail to meet federal labeling requirements. Small rugs are not required to meet the federal flammability standard; however, they are required to be permanently labeled with the following statement: “FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70): SHOULD NOT BE USED NEAR SOURCES OF IGNITION.”

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

Southwire Recalls Electrical Outlet Boxes


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 August 20, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Southwire Recalls Electrical Outlet Boxes Due to Fire Hazard.

According to the CPSC, “[t]he electrical receptacles can overheat when in use, posing a fire hazard.”

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