Category Archives: Products Liability

Product Recall

E-filliate Recalls DEWALT Wireless Earphones


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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 December 1, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

E-filliate Recalls DEWALT Wireless Earphones Due to Burn and Fire Hazards.

According to the CPSC’s website, “[t]he wireless earphones can overheat while charging or in use, posing burn and fire hazards.”

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Recall Alert

Goodman Manufacturing Company Recalls Evaporator Coil Drain Pans Installed with Condensing Gas Furnaces


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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 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Goodman Manufacturing Company Recalls Evaporator Coil Drain Pans Installed with Condensing Gas Furnaces Due to Fire Hazard.

According to the CPSC’s website, “[t]he molded plastic drain pan located at the bottom of the evaporator coil, when installed with a residential condensing gas furnace in an up-flow configuration, can overheat, melt, and deform, posing a fire hazard.”

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Product Recall

RH Recalls Outdoor Torches


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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 12, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

RH Recalls Outdoor Torches Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]orch fuel can leak from the top of the torch canister and ignite, posing a fire hazard.”

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Recall Alert

Power Handles Manufactured by Elektron Music Machines 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 November 3, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Power Handles Recalled Due to Fire and Burn Hazards; Manufactured by Elektron Music Machines.

According to the CPSC’s website, “[t]he power handle can short circuit and overheat, posing fire and burn hazards.”

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Product Recall

myCharge Recalls Powerbanks


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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 27, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

myCharge Recalls Powerbanks Due to Fire and Burn Hazards.

According to the CPSC website, “[t]he powerbank’s lithium-ion battery can overheat and ignite, posing fire and burn hazards.”

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Recall Alert

Lightform Recalls LED Projectors


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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 21, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Lightform Recalls LED Projectors Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he projector’s fan can malfunction and overheat, posing a fire hazard.”

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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 September 15, 2021 and September 16, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Gas One Recalls Propane Adapter Hoses Due to Fire Hazard. According to the CPSC, “[t]he hose can swell during use causing gas to leak, posing a fire hazard.”
  2. Harbor Freight Tools Recalls to Repair Propane Portable Heaters Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fitting at the back of the heater can fail to be sufficiently tight, causing the heater to leak propane gas, posing a fire hazard.”
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Recall Alert

Razor USA Recalls GLW Battery Packs Sold With Hovertrax 2.0 Self-Balancing Hoverboards


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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 25, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Razor USA Recalls GLW Battery Packs Sold with Hovertrax 2.0 Self-Balancing Hoverboards Due to Fire Hazard.

According to the CPSC, “[t]he lithium-ion GLW battery packs in the self-balancing scooters/hoverboards can overheat, posing a risk of the products smoking, catching fire and/or exploding.”

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Product Recall

Intertex Recalls Blower Fans


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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 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Intertex Recalls Blower Fans Due to Fire Hazard.

According to the CPSC, “[t]he capacitor in the recalled VP-33 blower fans can overheat, posing a fire hazard.”

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Fire

Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability


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In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator manufactured by the defendant—was sufficient to support the malfunction theory of products liability. The court found that because both potential causes imposed liability on the product manufacturer and the expert ruled out misuse of the product, as well as all external causes of the fire, it was not necessary for the engineer to identify a specific cause under the malfunction theory. The court also found that the expert’s investigation and opinions met the criteria set forth in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) and the Federal Rules of Evidence and, thus, were admissible. Continue reading

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