Tag Archives: Product Liability

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:

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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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