Tag Archives: Product Liability

Product Recall

Consumer Product Safety Commission Recalls


This entry was posted by on .

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

  1. Best Lighting Products Recalls High Bay LED Light Fixtures Due to Fire Hazard. According to the CPSC’s website, “[p]lastic pins securing the LED board can degrade, allowing the energized LED board to come loose and contact the lens or combustible materials, posing a fire hazard.”
  2. Atomi Recalls Smart Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled smart heaters can turn on without user input, posing fire and burn hazards.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

Comsumer Product Safety Commission Recalls


This entry was posted by on .

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 June 27, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Baseus Magnetic Wireless Charging Power Banks Recalled Due to Fire Hazard; Imported by Shenzhen Baseus Technology. According to the CPSC’s website, “[t]he lithium-ion battery in the power banks can overheat, posing a fire hazard.”
  2. Southern Telecom Recalls Brookstone TurboVac Handheld Rechargeable Vacuums Due to Fire Hazard; Sold Exclusively at Belk. According to the CPSC’s website, “[t]he vacuums can short circuit during or after charging the battery, posing a fire hazard.”

 

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

Consumer Product Safety Commission Recalls


This entry was posted by on .

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 June 20, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. myCharge Recalls POWER HUB All-In-One Portable Chargers Due to Fire and Burn Hazards; Sold Exclusively at Costco. According to the CPSC’s website, “[t]he recalled portable chargers can overheat while charging, posing fire and burn hazards.”
  2. Goal Zero Recalls Yeti Link Modules with EC8 Cables Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he connection between the Yeti Link Expansion modules and the cables can overheat and melt, posing fire and burn hazards.”
  3. StyleCraft Recalls Instinct Cordless Hair Clippers Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he lithium-ion battery in the recalled clippers can overheat, posing fire and burn hazards.”
  4. Orly Recalls Lavender Scented Candles in a Round Wooden Bread Bowl Due to Fire and Burn Hazards; Sold Exclusively at Cracker Barrel Old Country Store. According to the CPSC’s website, “[t]he candle’s flames can reach excessive heights and can ignite the bowl, posing fire and burn hazards.”

 

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

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


This entry was posted by on .

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.

Continue reading

This entry was posted in Negligence, Products Liability, Texas and tagged , , , .
Recall Alert

Consumer Product Safety Commission Recalls


This entry was posted by on .

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

BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders


This entry was posted by on .

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:

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

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


This entry was posted by on .

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.””

Continue reading

This entry was posted in Evidence, Pennsylvania, Products Liability and tagged , , , .

Consumer Product Safety Commission Recalls


This entry was posted by on .

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


This entry was posted by on .

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

Polaris Recalls Sportsman and Scrambler 1000 S All-Terrain Vehicles


This entry was posted by on .

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).

Continue reading

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