Category Archives: Products Liability

Delivery

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails


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In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking claims when products sold on its website are defective.

In Johnson, the Plaintiff, Joshua Johnson (Johnson), purchased a bathmat on Amazon. The bathmat was designed, manufactured and sold by Comuster, a Chinese entity. Nine months after purchasing the bathmat, the bathmat shifted while Johnson was taking a shower and caused him to fall. Johnson sustained a severe cut on his arm that required surgery and left significant scarring.

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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 April 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Johnson Health Tech North America Expands Recall of Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he power cord can become loose from the treadmill’s power socket, posing a fire hazard.”
  2. Innovative Bedding Solutions and SBL Recall GhostBed Natural Mattresses Due to Fire Hazard; Violation of Federal Mattress Flammability Regulation. According to the CPSC’s website, “[t]he mattresses violate the smoldering ignition requirements of the federal mattress flammability regulation, posing a fire hazard.”
  3. Touchat Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Touchat. 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.”
  4. Yoto Recalls Yoto Mini Speakers for Children Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he speaker’s lithium-ion battery can overheat and catch fire, posing burn and fire hazards to consumers.”
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Consumer Product Safety Commission Warning – To Immediately Stop Using Fuel Bottles Due to Risk of Poisoning, Burn, and Flash Fire Hazards; Violation of Federal Safety Regulations for Portable Fuel Containers


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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 April 4, 2024, the CPSC issued a warning urging consumers “to immediately stop using refillable fuel bottles sold by Shenzhen Pink Vine Technology.” The fuel bottles were sold Walmart.com. According the CPSC, the bottles “pose a risk of poisoning and burns to children due to lack of a child resistant closure” and “pose a flash fire hazard to all users due to lack of a flame mitigation device.” Apparently, “CPSC issued a Notice of Violation to the seller Shenzhen Pink Vine Technology Co. Ltd., of China, but the firm has not agreed to recall these fuel bottles or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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Recall Alert

Consumer Product Safety Commission Warning – Stop Using True Brothers Fuel Bottles Due to Risk of Poisoning, Burn, and Flash Fire Hazards; Violation of Federal Safety Regulations for Portable Fuel Containers


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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 April 4, 2024, the CPSC issued a warning urging consumers to “immediately stop using True Brothers refillable fuel bottles sold by Shenzhen Yinglong Industrial.” According the CPSC, bottles “pose a risk of poisoning and burns to children due to lack of a child resistant closure” and “pose a flash fire hazard to all users due to lack of a flame mitigation device.” Apparently, “CPSC issued a Notice of Violation to the seller Shenzhen Yinglong Industrial Co., Ltd. of China, doing business as LetSports, but the firm has not agreed to recall these fuel bottles or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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Product Recall

Consumer Product Safety Commission Warning – Immediately Stop Using Elide Fire Extinguishing Balls Due to Failure to Extinguish Fires and Risk of Serious Injury or Death


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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 March 28, 2024, the CPSC issued a warning urging consumers to “immediately stop using Elide Fire Extinguishing Balls due to failure to extinguish fires and risk of serious injury or death.” According the CPSC, “the products can fail to effectively disperse fire retardant chemicals and fail to extinguish a fire.” Apparently, “Elide Fire USA has not agreed to recall these fire extinguishing balls or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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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 March 14, 2023, 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, Burn and Laceration Hazards. According to the CPSC’s website, “[t]he air fryers can overheat, causing the handles to melt or break, posing fire and burn hazards. Additionally, the air fryer ovens can overheat and the glass on the door can shatter, posing fire, burn and laceration hazards.”
  2. Textron Specialized Vehicles Recalls Tracker Off Road OX EV Light Utility Vehicles Due to Fire Hazard. According to the CPSC’s website, “[w]ater can get into the lithium-ion battery pack of the Tracker OX EV vehicles, posing a fire hazard.”
  3. Honeywell Recalls System Sensor L-Series Low Frequency Fire Alarm Sounders and Strobes Due to Risk of Failure to Alert Consumers to a Fire. According to the CPSC’s website,
    “[t]he sounders and strobes can malfunction and cause the fire alarm system to fail to alert consumers of a fire.”
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Product Recall

Consumer Product Safety Commission Warning – Immediately Stop Using Faddare 16.4 Foot Extension Power Cords Due to Shock and Fire Hazards; Sold Exclusively on Amazon.com


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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 March 14, 2024, the CPSC issued a warning urging consumers to “immediately stop using the extension cords, and destroy them by unplugging, cutting the cord, and safely disposing in the garbage.” According the CPSC, Faddare 16.4’ extension power Cords “have undersized wiring, posing shock and fire hazards.” Apparently, the “CPSC notified the seller, Great Effort of China, but the firm has not responded to requests for a recall.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

 

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Recall Alert

Consumer Product Safety Commission Warning – Immediately Stop Using EVERCROSS EV5 Hoverboards Due to Fire Hazard


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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 March 7, 2024, the CPSC issued a warning urging consumers to “Immediately Stop Using EVERCROSS EV5 Hoverboards Due to Fire Hazard; Sold on Amazon.com and Walmart.com.” According the CPSC, it “has received one report of a fire, resulting in substantial property damage to a residential building in New York City.” Apparently, “EVERCROSS has not agreed to recall these hoverboards or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

This entry was posted in CPSC Warning, Products Liability and tagged .

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 March 7, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Anker EverFrost Lithium-Ion Battery Powered Coolers Recalled Due to Battery Fire Hazard; Manufactured by Anker Innovations. According to the CPSC’s website, “[t]he lithium-ion batteries in the Anker EverFrost Coolers can overheat, posing a fire hazard.”
  2. Sleep Technologies Recalls Eco Terra Mattresses Due to Fire Hazard; Violation of Federal Mattress Flammability Regulation; Sold Exclusively on Ecoterrabeds.com. According to the CPSC’s website, “[t]he mattresses violate the smoldering ignition requirements of the federal mattress flammability regulation, posing a fire hazard.”
  3. Bubble Bear Crib Mattresses Recalled Due to Fire Hazard; Violations of the Federal Safety Regulation for Mattresses; Sold Exclusively on Amazon.com by Coral Island. According to the CPSC’s website, “[t]he recalled crib mattresses violate the federal safety regulation for mattresses by failing to meet the flammability and labeling requirements, posing a fire hazard to children.”
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Strict Standards for Strict Liability Claims


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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

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