Tag Archives: Product Liability

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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BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders


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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 December 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders Due to Fire and Laceration Hazards.

According to the CPSC’s website, “[t]he recalled blenders can overheat or catch fire and the blender blades can break off, posing fire and laceration hazards to consumers.”

Product images from the CPSC website are set forth below:

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Signing Agreement

Compliance Doesn’t Pay: Compliance Evidence Inadmissible in Strict Liability Actions


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In Sullivan v. Werner Co., No. 18 EAP 2022, 2023 Pa. LEXIS 1715 (Dec. 22, 2023), the Supreme Court of Pennsylvania (Supreme Court) clarified that in light of its decision in Tincher v. Omega Flex, Inc., 628 Pa. 296 (2014), evidence that a product complied with industry standards is inadmissible in an action involving strict product liability.

In Tincher, the Supreme Court overruled prior case law and reaffirmed that Pennsylvania is a Second Restatement Jurisdiction. As stated in Sullivan, discussing Tincher, under the Restatement (Second) of Torts § 402A, a “seller of a product has a duty to provide a product that is free from ‘a defective condition unreasonably dangerous to the consumer or [the consumer’s] property.’ To prove breach of this duty, a ‘plaintiff must prove that a seller (manufacturer or distributor) placed on the market a product in a “defective condition.””

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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.  Recently, the CPSC announced the following recalls related to products that present fire hazards:

  1. STIHL Incorporated Recalls Docking Stations Sold with STIHL iMOW Robotic Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he docking station’s printed circuit board can short circuit when exposed to moisture, posing a fire hazard.”
  2. Polaris Recalls Sportsman All-Terrain Vehicles Due to Fire and Crash Hazards (Recall Alert). According to the CPSC’s website, “[a]n improperly assembled wiring harness can contact the brake line and/or vehicle frame during use which can result in a loss of the use of the front brakes and/or fire, posing fire and crash hazards.”
  3. Sunbeam Heated Blankets Recalled Due to Burn and Fire Hazards; Distributed by Star Elite. According to the CPSC’s website, “[t]he recalled heated blankets can overheat, posing fire and burn hazards.”
  4. Kawasaki Motors USA Recalls Engines Sold on Ferris and SCAG Riding Lawn Mowers Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he high-pressure fuel line can get damaged by contact with the fuel pump cover, causing a fuel leak that poses burn and fire hazards.”

 

This entry was posted in CPSC Recalls, 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 9, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Fantasia Trading Recalls Anker Power Banks Due to Fire Hazard | CPSC.gov. According to the CPSC’s website, “[t]he lithium-ion batteries in the recalled power banks can overheat, posing a fire hazard.”
  2. Monoprice Recalls Pure Outdoor Cooking System Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he insulation coating on the stove can ignite during use, posing a fire hazard.”
  3. Bedshe International Recalls Bedsure Electric Heating Blankets and Pads Due to Fire and Thermal Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he controller for the electric heating blankets and pads can malfunction, posing fire and thermal burn hazards.”
  4. Vornado Air Recalls Portable SRTH Small Room Tower Heaters Due to Fire Hazard. According to the CPSC’s website, “[t]he heaters have a miswiring due to a manufacturing error which can cause the tower heater to overheat, posing a fire hazard.”
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Polaris Recalls Sportsman and Scrambler 1000 S All-Terrain 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 January 5, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman and Scrambler 1000 S All-Terrain Vehicles Due to Fire Hazard (Recall Alert).

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Samsung Recalls Top-Load Washing Machines 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 December 22, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Samsung Recalls Top-Load Washing Machines Due to Fire Hazard; Software Repair Available.

According to the CPSC’s website, “[t]he washing machines can short-circuit and overheat, 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 .
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In Nevada, Custom Sign Manufacturers Can Be Held Strictly Liable


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In Schueler v. Ad Art, No. 75688-COA, 2020 Nev. App. LEXIS 6, the Court of Appeals of Nevada recently considered whether a custom-made sign constituted a “product” for purposes of the doctrine of strict products liability. The court held that the sign ­­–– a large MGM Grand (MGM) sign located atop a 150-foot tall steel pylon –– was a product for the purposes of strict products liability. Thus, the court held that Ad Art, Inc. (Ad Art), who designed, engineered, and managed the production and installation of the sign, could be held strictly liable for injuries to Charles Schueler (Schueler), a service worker who fell and sustained serious injuries. Continue reading →

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