Category Archives: Products Liability

Signing Agreement

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey


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On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc. (Amazon) is a “seller” under New Jersey’s product liability statute and can thus face strict liability for damages caused by products sold on its platform. Although the analysis is state-specific, Sigismondi may serve as an important decision for allowing product defect claims to proceed against Amazon when so often the third-party vendor that lists the product is unlocatable, insolvent, or not subject to the jurisdiction of United States courts. Continue reading

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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 June 23, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. SunVilla™ Corporation Recalls Solar LED Market Umbrellas Due to Fire and Burn Hazards; Sold Exclusively at Costco (Recall Alert). According to the CPSC’s website, “[t]he lithium-ion batteries in the umbrella’s solar panels can overheat, posing fire and burn hazards.”
  2. MTD Products Recalls Troy-Bilt Spacesavr Walk-Behind Self-Propelled Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he mower can leak fuel when it is stored in the upright (vertical) storage position, posing a fire hazard.”
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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 June 16, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Sienhua Group Recalls WarmWave and Hunter Ceramic Tower Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ceramic tower heater’s cord and plug can overheat when in use, posing fire and burn hazards.”
  1. Schneider ElectricTM Recalls 1.4 Million Electrical Panels Due to Thermal Burn and Fire Hazards. According to the CPSC’s website, “[t]he load center can overheat, posing thermal burn and fire hazards.”
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Product Recall

Spirit Halloween Recalls Black 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 June 9, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Spirit Halloween Recalls Black Light Fixtures Due to Fire and Burn Hazards.

According to the CPSC’s website, “[t]he bulb in the fixture can pop, flash and overheat, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

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Recall Alert

DEMDACO Recalls Microwavable Bowl Holders


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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 June 2, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

DEMDACO Recalls Microwavable Bowl Holders Due to Fire Hazard.

According to the CPSC’s website, “[t]he bowl holder’s fabric can char after being microwaved for the suggested three minutes, posing a fire hazard.”

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Product Recall

Yamaha Recalls Wolverine RMAX Off-Road Side-By-Side Vehicles


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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 May 12, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Recalls Wolverine RMAX Off-Road Side-By-Side Vehicles Due to Fire and Explosion Hazards (Recall Alert).

According to the CPSC’s website, “[t]he recalled vehicles can have a damaged fuel tank causing fuel to leak, posing fire and explosion hazards.”

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Recall Alert

Santa Cruz Bicycles Recalls Heckler 9 Electric Bicycles


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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 May 5, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Santa Cruz Bicycles Recalls Heckler 9 Electric Bicycles Due to Fall and Fire Hazards.

According to the CPSC’s website, “[t]he latch mechanism that holds the battery in place can malfunction, causing the battery to dislodge from the frame and fall to the ground, posing a fall hazard to the rider. Additionally, the latch spring can cause additional wear on the battery housing over time, 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 April 21, 2022 and April 28, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Best Buy Recalls Insignia™ Air Fryers and Air Fryer Ovens Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he air fryers and air fryer ovens can overheat, posing fire and burn hazards.”
  1. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[a]n incorrectly routed battery cable can contact the prop shaft during use, which can result in an electrical short, posing a fire hazard.”
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Gavel

Oh Snap! Georgia Supreme Court Revives Suit Against Snapchat for Alleged Faulty Speed Filter


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In Maynard v. Snapchat Inc., No. S21G0555, 2022 Ga. LEXIS 68, the Supreme Court of Georgia reversed and remanded an appellate court decision that dismissed the popular mobile app Snapchat from suit. Plaintiffs Wentworth and Karen Miller (collectively, Plaintiffs) were struck by a driver who was allegedly using the popular social media app at the time of the accident. More specifically, the Plaintiffs alleged the driver was using the Snapchat “Speed Filter” feature, which displays and records your speed on camera. Users can then send video messages to friends that display the speed you were traveling at the time the video was taken. The Plaintiffs alleged that the app was negligently designed and Snapchat was at fault for promoting unsafe driving through use of the Speed Filter.

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Recall Alert

Dollar Tree Recalls More than One Million Hot Glue Guns


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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 April 14, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Dollar Tree Recalls More than One Million Hot Glue Guns Due to Fire and Burn Hazards.

According to the CPSC’s website, “[t]he glue gun can malfunction when plugged in, posing fire and burn hazards.”

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