Tag Archives: Products Liability

Product Recall

Urban Outfitters Candle Recall and Potter Electric Pull Station Recall


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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 24, 2021, the CPSC announced the following recalls related to products that present fire-related hazards:

  1. Urban Outfitters Recalls Margo Taper Candle Holders Due to Fire Hazard. According to the CPSC, “[t]he candle holders can catch on fire if they come in contact with the candle’s flame, posing a fire hazard.”
  2. Potter Electric Recalls Addressable Pull Stations Single/Dual Action Due to Failure to Alert to Fire. According to the CPSC, “[t]he pull handle on some units can fail to activate the fire alarm system when manually pulled, posing a risk of failure to alert consumers to a fire.”
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Recall Alert

NZXT Recalls H1 Computer Cases


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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 12, 2015, the CPSC announced the following recall related to a product that presents a fire hazard:

NZXT Recalls H1 Computer Cases Due to Fire Hazard.

According to the CPSC, “[m]etal screws that attach the PCIe riser assembly to the chassis can cause a short in the printed circuit board and overheating, posing a fire hazard due to the circuit board’s design.”

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House Flood

Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole


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In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s liability expert’s testimony regarding the sufficiency of the defendant’s product maintenance instructions. The plaintiff offered the testimony in support of his failure-to-warn product defect claim. The District Court excluded the testimony because the facts of the case did not support the plaintiff’s failure-to-warn claim, which rendered the testimony irrelevant. This case establishes that expert testimony can be excluded if there is an improper fit between the testimony and the underlying claim. Continue reading

This entry was posted in Experts, Experts – Daubert, Litigation, Pennsylvania, Products Liability and tagged , , , .
Product Recall

Consumer Product Safety Commission Recalls Electrostatic Sprayers and Cordless Kerosene 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 3, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Victory Innovations Recalls Electrostatic Sprayers with Lithium-ion Battery Packs Due to Fire and Explosion Hazards. According to the CPSC, “[t]he sprayer’s rechargeable lithium-ion battery pack can overheat and melt, posing a risk of the product catching fire and/or exploding.”
  2. Enerco Group Recalls DeWALT Cordless Kerosene Heaters Due to Fire and Carbon Monoxide Poisoning Hazards. According to the CPSC, “[t]he heaters can re-start unexpectedly while in standby mode if the room temperature falls below the thermostat set point, posing fire and carbon monoxide poisoning hazards.”
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Recall Alert

Rapala USA Recalls Rechargeable Fillet Knives


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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 19, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Rapala USA Recalls Rechargeable Fillet Knives Due to Fire Hazard.

According to the CPSC, “[t]he battery can overheat and catch fire if non-Rapala chargers are used to charge the battery.”

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Product Recall

Belkin Recalls Portable Wireless Chargers + Stand Special Edition


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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 13, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Belkin Recalls Portable Wireless Chargers + Stand Special Edition Due to Fire and Shock Hazards.

According to the CPSC, “[a] manufacturing defect in the power supply unit can cause the charger to malfunction and overheat, posing fire and shock hazards.”

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Recall Alert

Massimo Motor Sports Recalls Percussion Massage Guns 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 January 6, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Massimo Motor Sports Recalls Percussion Massage Guns Due to Fire Hazard; Sold Exclusively at Costco.

According to the CPSC, “[t]he lithium-ion battery system can overheat, posing a fire hazard.”

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Product Recall

Anticimex Recalls Smart Connect Mini Devices


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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 31, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Anticimex Recalls SMART Connect Mini Devices Due to Fire and Injury Hazards (Recall Alert).

According to the CPSC, “[t]he device’s power supply can overheat while charging, and cause the plastic enclosure to fly off, posing fire and injury hazards.”

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Recall Alert

Urban Outfitters Recalls Taper Candle Holders


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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 23, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Urban Outfitters Recalls Taper Candle Holders Due to Fire Hazard.

According to the CPSC, “[t]he candle holders can catch on fire if they come in contact with the candle’s flame, posing a fire hazard.”

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Gavel

Amazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for Defective Product


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New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is based upon Amazon’s level of control over the sale of the product. There are three ways which products are sold on Amazon: (1) Amazon sells, processes and ships the product; (2) a third-party sells, processes and ships the product (i.e., Amazon does not take possession of the product); and (3) a third-party sells the product and Amazon “fulfills” the order by storing, processing and shipping the product through its “Fulfillment by Amazon” (FBA) logistical program. The FBA program has been the lynchpin in many of the recent decisions decided against Amazon, including a recent New York case. Under the FBA, the sellers store their inventory at Amazon’s warehouse until the product is purchased, at which time Amazon retrieves the product from its warehouse shelf, packages it, and ships it to the consumer. Accordingly, Amazon has significant control over products “fulfilled” through the FBA. Continue reading

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