Category Archives: Products Liability

Recall Alert

A.O. Smith Issues Two Water Heater 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 November 8, 2018, the CPSC announced the following recalls related to products that present fire hazards:

A.O. Smith Recalls Ultra-Low NOx Water Heaters Due to Fire Hazard;

A. O. Smith Recalls 30-Gallon Gas Water Heaters Due to Fire Hazard; Sold Exclusively at Lowe’s.

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Product Recall

Haier America Recalls Top-Mount Refrigerators


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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 October 25, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Haier America Recalls Top-Mount Refrigerators Due to Fire Hazard.

According to the CPSC, “[a]n electrical component in the refrigerator can short circuit, posing a fire hazard.”

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Recall Alert

Brookstone Wireless Speakers Recalled


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

Brookstone Wireless Speakers Recalled Due to Fire Hazard.

According to the CPSC, “[t]he lithium ion batteries in the wireless speakers can overheat and catch fire, posing a fire hazard.”

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Product Recall

Hydrolevel Recalls Controllers for Slant/Fin Boilers


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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 October 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Hydrolevel Recalls Controllers for Slant/Fin Boilers Due to Fire Hazard.

According to the CPSC, “[a] malfunction in the recalled controller can cause the boiler to overheat, posing a fire hazard.”

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Recall Alert

Kikkerland Recalls Wireless Charger Bedside Pockets


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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 October 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kikkerland Recalls Wireless Charger Bedside Pockets Due to Fire and Burn Hazard.

According to the CPSC, “[t]he wireless charger bedside pockets can overheat, posing fire and burn hazards.”

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Product Recall

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures


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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 October 11, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures Due to Fire Hazard.

According to the CPSC, “[t]he batteries in the solar-powered light fixtures can overheat and cause the light fixture’s housing to melt, posing a fire hazard.”

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Recall Alert

Briggs & Stratton Recalls Portable Generator Fuel Tank Replacement Caps


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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 October 10, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Briggs & Stratton Recalls Portable Generator Fuel Tank Replacement Caps, Due to Fire Hazard.

According to the CPSC, “[t]he fuel tank replacement caps lack ventilation holes which allow pressure to build up in the fuel tank, posing a fire hazard.”

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Pointing out a Problem

California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case


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In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a strict product liability design defect case. The Supreme Court held that the evidence was relevant and admissible because it was introduced to address the feasibility and cost of alternative product designs, and not to show that the defendant acted reasonably. The court’s holding establishes that, while evidence of industry custom and practice is not admissible to prove or disprove fault in strict liability cases, it is admissible for other purposes, such as analyzing whether a product was defectively designed under the risk-benefit test. Continue reading

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Product Recall

Traeger Grills Recalls Wood Pellet Grills


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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 September 25, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Traeger Grills Recalls Wood Pellet Grills Due to Fire Hazard.

According to the CPSC, grease can leak from the drip tray, posing a fire hazard.

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Recall Alert

Hawthorne Hydroponics Recalls Humidifiers


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

Hawthorne Hydroponics Recalls Humidifiers Due to Fire and Shock Hazards.

According to the CPSC, the humidifiers can overheat while in use.

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