In Homesite Ins. Co. a/s/o Adam Long v. Shenzhen Lepower Int’l Elecs. Co., Ltd., No. 6:23-CV-981, 2024 U.S. Dist. LEXIS 22002, the United States District Court for the Northern District of New York (the Court) considered whether Homesite Insurance Company (the Carrier) sufficiently pled a strict products liability claim against Shenzhen Lepower International Electronics Company Ltd. (Shenzhen). Finding that the Carrier’s complaint did not plausibly allege a strict products liability claim under any of the three available theories of liability, the Court granted Shenzhen’s motion to dismiss the Carrier’s complaint under Federal Rule of Civil Procedure 12(b)(6). Continue reading
Category Archives: Products Liability
The Home Appliances Recalls Camplux Brand Portable Tankless Water Heaters
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 29, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
The Home Appliances Recalls Camplux Brand Portable Tankless Water Heaters Due to Fire Hazard
According to the CPSC’s website, “[t]he portable water heaters can leak gas from the gas regulator connection, posing a fire hazard.”
Product images from the CPSC website are set forth below:
Consumer Product Safety Commission Recalls
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 21-22, 2024, the CPSC announced the following recalls related to products that present fire hazards:
- EVAS 20 lb. Propane Exchange Tanks Recalled by Worthington Enterprises Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled propane exchange cylinders could leak gas, posing a fire hazard.”
- JURLEA Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Yalande-US. According to the CPSC’s website, “[t]he rugs violate the federal flammability regulations for carpets and rugs, posing a fire hazard.”
- Dynabook Americas Recalls 15.5 Million Toshiba Laptop AC Adapters Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he laptop AC adapters can overheat and spark, posing burn and fire hazards.”
Ocean State Job Lot Recalls “Growing Table-Mini Greenhouse and Raised Garden Bed”
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 15, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
Ocean State Job Lot Recalls “Growing Table-Mini Greenhouse and Raised Garden Bed” Due to Fire Hazard
According to the CPSC’s website, “[t]he recalled greenhouses can overheat, posing a fire hazard resulting in property damage and injury.”
Product images from the CPSC website are set forth below:
Consumer Product Safety Commission Recalls
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, 2024, the CPSC announced the following recalls related to products that present fire hazards:
- GPU Angled Adapters Recalled Due to Fire and Burn Hazards; Manufactured by CableMod. According to the CPSC’s website, “[t]he adapters’ male connector can become loose, overheat, and melt into the GPU, posing fire and burn hazards.”
- VPR Brands Recalls Lighters Due to Missing Child Safety Feature, Posing Burn and Fire Hazards; Violation of the Federal Regulation for Cigarette Lighters. According to the CPSC’s website, “[t]he lighters do not have child-resistant mechanisms and were not tested to the federal regulatory requirements for child resistance. Young children under 5 years old could ignite the lighters, posing fire and burn hazards.”
- Husqvarna Recalls Grass Trimmers Due to Fire Hazard. According to the CPSC’s website, “[i]ncorrect wiring in the ignition module on the recalled grass trimmers can cause an electrical spark or arcing, posing a fire hazard if gas is on or near the unit.”
Consumer Product Safety Commission Recalls
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 1, 2024, the CPSC announced the following recalls related to products that present fire hazards:
- BISSELL Recalls Multi Reach Hand and Floor Vacuum Cleaners Due to Fire Hazard. According to the CPSC’s website, “[t]he vacuum’s battery pack can overheat and smoke, posing a fire hazard.”
- Snap Recalls Lithium-Ion Battery Sold for Pixy Flying Cameras Due to Fire Hazard. According to the CPSC’s website, “[t]he lithium-ion battery in the camera can overheat, posing a fire hazard.”
Pacific Cycle Recalls E-Bikes
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 25, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
Pacific Cycle Recalls E-Bikes Due to Fire Hazard
According to the CPSC’s website, “[t]he wiring harness that manages the charging of the lithium-ion battery was not properly assembled, creating a risk of overheating and fire while charging.”
Product images from the CPSC website are set forth below:
Bokser Home Recalls Mattress Pads
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 18, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”
Product images from the CPSC website are set forth below:
Consumer Product Safety Commission Expands Recall of Daikin Evaporator Coil Drain Pans
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 11, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[t]he molded plastic drain pan located at the bottom of the evaporator coil can overheat, melt and deform, posing a fire hazard.”
Product images from the CPSC website are set forth below:
Homedics Recalls Massagers
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 4, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
Homedics Recalls Massagers Due to Fire and Burn Hazards.
According to the CPSC’s website, “[t]he massagers can overheat while charging, posing fire and burn hazards.”
Product images from the CPSC website are set forth below: