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

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 →

This entry was posted in Civil Procedure, New York, Products Liability and tagged , , , , , , , , .
Product Recall

The Home Appliances Recalls Camplux Brand Portable Tankless Water Heaters


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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 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:

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

A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured


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In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers Insurance Company (the carrier) could bring a subrogation action after its insured, Efmorfopo Panagiotou (the insured), litigated and tried claims related to the same underlying incident with the same defendant, Lallygone LLC (the defendant). The Appellate Division affirmed the trial court’s finding that the prior lawsuit extinguished the carrier’s claims. Continue reading →

This entry was posted in New Jersey, Res Judicata, Subrogation and tagged , , , , .
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 February 21-22, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. 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.”
  2. 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.”
  3. 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.”

 

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

Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule


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The newest episode of the Subro Sessions podcast is out now. This episode is entitled, “Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule” and is hosted by Gus Sara, Partner, and Katherine Dempsey, Associate. Gus and Katherine share their expertise on the Anti-Subrogation Rule by discussing its history, purpose and how it applies in various states across the country.

Listen to all of our episodes here. 

This entry was posted in Subrogation.

Ocean State Job Lot Recalls “Growing Table-Mini Greenhouse and Raised Garden Bed”


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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 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:

This entry was posted in CPSC Recalls, Products Liability, Uncategorized and tagged .
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 February 8, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. 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.”
  2. 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.”
  3. 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.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

Fine Art Losses – “Canvas” the Subrogation Landscape


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If a fire or flood destroys a high-net-worth client’s fine art collection, an insurer who pays out a claim related to the loss has an incentive to pursue subrogation. This article explores some of the issues an insurer should “canvas” before pursuing subrogation for these types of claims.

Damage to fine art can occur in a number of ways. For instance, fine art may be damaged in a natural disaster – such as a flood or a wildfire. Artwork may also be accidentally damaged because of a transportation-related incident physically damaging the art. In addition, artwork may suffer fire or smoke damage from a fire within a building. Another possibility is that the artwork suffers damage because of renovations either to the insured’s home or a neighboring property. For example, a renovation contractor may damage artwork due to vibrations or leaking water. A construction worker, moreover, may turn with a tool in his hand, or trip and fall, damaging the artwork.

Continue reading →

This entry was posted in Anti-Subrogation Rule, Cargo - Transportation, Damages, Damages – Personal Property, Subrogation and tagged .