Tag Archives: Products Liability

Product Fire

Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory


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To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate cause of the claimed damage or injury. Ordinarily, a plaintiff relies upon direct evidence of a product defect to establish its product liability claim. However, in some cases, the product sustains so much damage that it is impossible for a plaintiff to obtain direct evidence of a defect. Continue reading

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Product Recall

Polaris Recalls Snowmobiles 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 July 16, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

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

According to the CPSC, “[t]he fuel hose can be improperly secured, posing a fire hazard to consumers.”

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Product Recall

RH Recalls Riveted Mesh Floor Lamps 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 July 9, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

RH Recalls Riveted Mesh Floor Lamps Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he lamp’s on/off foot switch can overheat, melt or catch fire, posing a fire hazard.”

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Product Recall

Edwards Recalls Mechanical Heat Detectors


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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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Edwards Recalls Mechanical Heat Detectors Due to Failure to Alert to Fire.

According to the CPSC, “[t]he recalled heat detectors can fail to activate in reaction to rising temperatures, posing a risk of failure to alert consumers to a fire.”

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Recall Alert

Rexair Recalls To Repair Rainbow SRX Vacuums


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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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Rexair Recalls to Repair Rainbow SRX Vacuums Due to Fire and Burn Hazards.

According to the CPSC, “[t]he circuit board on the vacuum can spark, posing fire and burn hazards.”

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Gavel

Texas Federal Court Rules Amazon Can Be Sued for Defective Product


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Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a “seller” under Texas’ product liability statute for injuries caused by a defective product sold by a third-party vendor on its website. Although the court’s analysis is based on Texas law, the decision puts one more crack in Amazon’s armor. Continue reading

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Product Recall

Garia Recalls Golf & Courtesy Electric 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 May 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Garia Recalls Golf & Courtesy Electric Vehicles Due to Fire Hazard.

According to the CPSC, “[a] fuse can overheat and melt while the electric vehicle is charging, posing a fire hazard.”

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Recall Alert

Fully Popped Recalls Poppin’ Cobs 10 Pack Microwave Popcorn


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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 7, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Fully Popped Recalls Poppin’ Cobs 10 Pack Microwave Popcorn Due to Fire and Burn Hazards; Sold Exclusively at Uncommon Good Stores.

According to the CPSC, “[t]he popcorn’s paper bag can catch fire in the microwave, posing fire and burn hazards.”

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Product Recall

Epson Recalls Power Adapters Sold With Epson Scanners


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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 May 1, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Epson Recalls Power Adapters Sold with Epson Scanners Due to Burn and Fire Hazards.

According to the CPSC, “[t]he power adapters can overheat, melt and catch fire, posing burn and fire hazards.”

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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 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. Polaris Recalls Model Year 2018 to 2020 Ranger XP 1000 Off-Road Vehicles. According to the CPSC, “[th]e clutch belt can break and damage the secondary clutch and the fuel line, posing a fire hazard to the rider.”
  2. Polaris Recalls Model Year 2019 to 2020 Ranger XP 1000 Off-Road Vehicles. According to the CPSC, “[t]he fuel line can be misrouted above the bracket that protects the fuel line from a clutch belt failure, posing a fire hazard to consumers.”
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