Category Archives: Products Liability

Consumer Product Safety Commission Warning – Immediately Stop Using SafPow and AMPOWSURE Battery Chargers Sold on Amazon.com Due to Fire and Burn Hazards


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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 September 5, 2024, the CPSC issued a warning urging consumers to “immediately stop using SafPow SPC-42020 and AMPOWSURE ASP-C10S42020 battery chargers because they pose a risk of serious injury and death.” According the CPSC, “[u]sing these chargers with an incompatible battery can cause the connected battery to ignite.” Apparently, “SafPow and AMPOWSURE have refused to conduct a recall.”

You can find out more information about the warning here.

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Recall Alert

Consumer Product Safety Commission Urges Consumers to Not Buy or Use “Universal” Chargers with Micromobility Products


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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 September 5, 2024, the CPSC issued a warning urging “consumers of micromobility products—including e-bikes, e-scooters, self-balancing scooters (hoverboards), and e-unicycles—not to use chargers that are marketed as “universal” or suitable with general categories of micromobility devices to avoid fires and injury or death, unless they have been tested and approved to work safely with your device.” According the CPSC, “[c]hargers marketed as “universal” or suitable for general categories of micromobility devices may fit into your device but still be incompatible with it.”

You can find out more information about the warning here.

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Product Recall

CONSUMER PRODUCT SAFETY COMMISSION 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 August 22, 2024 and August 29, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. HALO 1000 Portable Power Stations Recalled Due to Serious Fire and Burn Hazards; One Death Reported; Imported by ZAGG; Sold by ACG, QVC and ZAGG. According to the CPSC’s website, “[t]he lithium-ion batteries in the HALO 1000 Portable Power Station can overheat, posing fire and burn hazards that can lead to serious injury or death.”
  2. Siemens Industry Recalls SolarReady™ Meter Combos Due to Fire Hazard. According to the CPSC’s website, “[a]n interior connection in the recalled Siemens SolarReady Meter Combos can overheat, posing a fire hazard.”
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Consumer Product Safety Commission 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 August 15, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Trader Joe’s Company Recalls Mango Tangerine Scented Candles Due to Fire Hazard. According to the CPSC’s website, “[t]he candle flame can spread from the wick to the wax causing a larger than expected flame, posing a fire hazard.”
  2. IKEA Recalls VARMFRONT Power Banks Due to Fire Hazard. According to the CPSC’s website, “[t]he power banks can overheat, posing a fire hazard.”
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Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”


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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict liability and/or negligence claims where the product, allegedly causing injury, was first purchased more than 10 years ago, but new containers of the same product were purchased within the last 10 years. The Appellate Court found that the “first sale” triggers the products liability statute of repose.

In Burroughs, Kiara Burroughs (Burroughs) alleged that she continuously used chemical hair relaxers from the age of six to twenty-five. In 2018, Burroughs was diagnosed with uterine fibroids, which caused her significant health problems. In October 2022, a scientific health study was released finding an association between chemical hair relaxers and uterine cancers. On October 27, 2022, Burroughs filed her original complaint, including claims for strict liability, negligence, and failure-to warn against L’Oreal USA, Inc. and others (collectively, Defendants). Defendants filed a Motion to Dismiss based, in part, on the statute of repose.

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Product Recall

Samsung Recalls Slide-In Electric Ranges


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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 August 8, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Samsung Recalls Slide-In Electric Ranges Due to Fire Hazard.

According to the CPSC’s website, “[f]ront-mounted knobs on the ranges can be activated by accidental contact by humans or pets, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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Recall Alert

Consumer Product Safety Commission 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 August 1, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Mattress Pads Recalled Due to Fire Hazard; Violation of Federal Mattress Pad Flammability Regulation; Manufactured by Avocado Mattress. According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”
  1. ECHO Recalls Gas-Powered Backpack Blowers Due to Fire Hazard. According to the CPSC’s website, “[t]he fuel supply line can leak gas, posing a fire hazard.”
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Consumer Product Safety Commission 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 July 25, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Ophanie Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Ophanie. According to the CPSC’s website, “[t]he recalled area rugs violate the mandatory federal flammability regulations for carpets and rugs, posing a fire hazard.”
  2. Kawasaki USA Recalls Mule PRO 1000 Off-Highway Utility Vehicles Due to Fire Hazard. According to the CPSC’s website, “[w]hen starting the engine, improper combustion can occur, posing a fire hazard.”
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West Virginia Addresses Its Strict Liability Standard


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Working with an expert to support a product defect theory of liability is hard enough as it is. However, when the standard for strict liability is considered, properly supporting such a theory is even harder. A commonly overlooked aspect of products liability is knowing the specific state standard that needs to be met and preparing for such a standard with your expert. Upon review of a certified question from a federal appeals court, the Supreme Court of Appeals of West Virginia (Supreme Court of WV) recently addressed its standard for strict products liability.

In Judith A. Shears and Gary F. Shears, Jr. v. Ethicon, Inc., No. 23-192, 2024 W.Va. LEXIS 272, petitioners Judith and Gary Shears (the Shears) were several of more than 28,000 plaintiffs to file cases against respondent Ethicon, Inc. (Ethicon) alleging damages from the use of its Tension-Free Vaginal Tape. The Shears filed suit in the United States District Court for the Southern District of West Virginia (District Court), asserting claims that included strict liability based on a defective product design. Ethicon challenged the court’s consolidation of the case with others similarly situated, arguing that the Shears did not offer an alternative design that would have materially reduced the plaintiff’s injuries.

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Product Recall

Consumer Product Safety Commission 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 July 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Best Lighting Products Recalls High Bay LED Light Fixtures Due to Fire Hazard. According to the CPSC’s website, “[p]lastic pins securing the LED board can degrade, allowing the energized LED board to come loose and contact the lens or combustible materials, posing a fire hazard.”
  2. Atomi Recalls Smart Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled smart heaters can turn on without user input, posing fire and burn hazards.”
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