Recall Alert

SOUNDBOKS Recalls Bluetooth Speakers with Lithium-Ion Batteries


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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 31, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

SOUNDBOKS Recalls Bluetooth Speakers with Lithium-Ion Batteries Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he lithium-ion battery can 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 March 16, 2022 and March 17, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. RH Recalls Illuminated Mirrors Due to Fire and Shock Hazards. According to the CPSC’s website, “[t]here are loose components in the mirror’s bulb sockets, which can lead to overcurrent and overheating, posing fire and shock hazards.”
  2. ToolGuards Portable Water Immersion Heaters Recalled Due to Shock, Electrocution and Fire Hazards; Imported by FXswede AB; Sold Exclusively at Amazon.com (Recall Alert). According to the CPSC’s website, “[t]he water immersion heater can overheat, melt or catch fire, posing shock, electrocution and fire hazards.”
This entry was posted in CPSC Recalls, Products Liability.
Transportation

Pump the Brakes: Indiana Rules MCS-90 Endorsement Does Not Apply to Intrastate Trips


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In Progressive Southeastern Ins. Co. v. B&T Bulk, LLC, No. 21S-CT-496, 2022 Ind. LEXIS 131, the Supreme Court of Indiana (Supreme Court) reversed a decision of the Court of Appeals of Indiana (Court of Appeals), ruling that Form MCS-90 (MSC-90) endorsements on insurance policies do not apply to purely intrastate trips. In reversing the decision of the Court of Appeals, the court found that the Indiana Legislature’s incorporation of the federal Motor Carrier Act of 1980 (MCA) into the state code did not expand the MCA’s scope to include intrastate trips. Continue reading

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Time

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer


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In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product manufacturer was barred by the Commonwealth’s six-year statute of repose for improvements to real property from joining the installer of the product as a third-party defendant. The court denied the defendant’s motion for leave to file a third-party complaint to join the installer, finding that the installer completed its work more than six years prior to the motion being filed. This case reminds us that Massachusetts’ six-year statute of repose for improvement to real property also bars a defendant’s contribution claims against third parties. Continue reading

This entry was posted in Construction Defects, Contribution-Apportionment, Massachusetts, Statute of Limitations-Repose and tagged , , , , .
Recall Alert

BRP Recalls Snowmobiles


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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 3, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

BRP Recalls Snowmobiles Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[f]uel can leak from the fuel tank vent onto hot components when the snowmobiles are on a tilt or flipped over, posing a fire hazard.”

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Product Recall

TJX Recalls Menorahs 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 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 23, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

TJX Recalls Menorahs Due to Fire Hazard; Sold at Marshalls, HomeGoods and Homesense Stores.

According to the CPSC’s website, “[t]he resin and medium-density fiberboard (“MDF”) menorahs can burn or catch fire when holding lit candles, posing a fire hazard.”

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Time

Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims


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In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred. Continue reading

This entry was posted in Construction Defects, Contracts, Statute of Limitations-Repose, Wisconsin and tagged , , , , , , .
Recall Alert

Husqvarna Recalls All-Wheel Drive Robotic Lawnmowers


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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 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Husqvarna Recalls All-Wheel Drive Robotic Lawnmowers Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he lithium-ion battery in the lawnmower can overheat, posing a risk of fire.”

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Product Recall

Anecdote Candles Recalls Double-Wick Autumn Candles; Sold Exclusively at Anthropologie


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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 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Anecdote Candles Recalls Double-Wick Autumn Candles Due to Fire and Laceration Hazards; Sold Exclusively at Anthropologie.

According to the CPSC’s website, “[t]he double wick candles can achieve higher than usual flames, causing the glass container to break apart, posing fire and laceration hazards.”

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Recall Alert

Viking Range Recalls Freestanding Gas Ranges


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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 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Viking Range Recalls Freestanding Gas Ranges Due to Risk of Gas Leak and Fire Hazard.

According to the CPSC’s website, “[t]he rigid gas tubing can separate at the joint to the bake, broil and griddle burners, posing a risk of a gas leak and fire hazard when these burners are in operation.”

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