Tag Archives: Products 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 July 27, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. True Fitness Recalls Showrunner II Consoles Sold with Fitness Equipment Due to Fire Hazard. According to the CPSC’s website, “[a]n exposed area of the wireless charging board can come in contact with other internal wiring, posing a fire hazard.”
  2. GAF Energy Recalls Timberline Solar Energy Shingles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he electrical components in the solar energy shingles can malfunction, posing a fire hazard.”
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Product Recall

Electrolux Group Recalls Frigidaire Gas Laundry Centers


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

Electrolux Group Recalls Frigidaire Gas Laundry Centers Due to Fire Hazard

According to the CPSC’s website, “[t]he felt seal on the dryer drum can be folded inward which can lead to lint accumulation, creating 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 .
Recall Alert

VRURC Portable Chargers Recalled Due to Fire Hazard; Sold Exclusively on Amazon.com by VRURC


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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 6, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

VRURC Portable Chargers Recalled Due to Fire Hazard; Sold Exclusively on Amazon.com by VRURC; Caught Fire on Commercial Flight.

According to the CPSC’s website, “[t]he recalled portable chargers can ignite, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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

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 June 29, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Victrola Recalls Bluetooth Record Players Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled record players can overheat, posing a fire hazard.”
  2. Bose Recalls Acoustimass®, Lifestyle® and Companion™ Bass Modules Due to Fire Hazard. According to the CPSC’s website, “[t]he speaker’s electrical components can fail, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .
Recall Alert

Infanttech Recalls Zooby Video Baby Monitors for Cars


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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 22, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Infanttech Recalls Zooby Video Baby Monitors for Cars Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he baby monitor’s battery can malfunction, overheat and burst, posing a fire hazard.”

Product images from the CPSC website are set forth below:

This entry was posted in CPSC Recalls, Products Liability and tagged .
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 June 22, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Research Products Recalls Steam Humidifiers Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled steam humidifiers containing a specific type of electrode wire with a “D” shaped connector can loosen causing arcing and/or overheating, posing a fire hazard to consumers.”
  2. Boost The Mood Ceramic Mugs Recalled by Michael Giordano International Due to Fire Hazard. According to the CPSC’s website, “[t]he ceramic mugs are mislabeled as microwave safe. If microwaved, the metallic print on the mug can spark, 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 8, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Ashley Furniture Industries Recalls Party Time Power Loveseats, Sofas and Recliners Due to Fire Hazard. According to the CPSC’s website, “[t]he power loveseats, sofas, and recliners’ cupholder with LED lighting can overheat, posing a fire hazard.”
  2. John Deere Recalls XUV590 Gator Utility Vehicles Due to Fire Hazard (Recall Alert).  According to the CPSC’s website, “[f]uel can leak from under the fuel cap, posing a fire hazard.”
This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Polaris Recalls RZR Pro XP and Turbo R Recreational Off-Road 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 18, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls RZR Pro XP and Turbo R Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[a] fuel leak can occur at the fuel pump assembly joint on the fuel tank in close proximity to a hot surface, posing a fire hazard.”

Product images from the CPSC website are set forth below:

 

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New York Court Enforces Economic Loss Doctrine


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The economic loss doctrine is a legal principle that has confused and frustrated subrogation practitioners since its inception. Unfortunately, once practitioners understand the basic theory, they realize how frustrating it can be. If there was any doubt about the doctrine’s effect in New York, the Appellate Division put that to rest in a recent ruling on a subrogation case in which it bolstered the economic loss doctrine defense. Continue reading

This entry was posted in Contracts, Economic Loss Rule, New York, Products Liability and tagged , , , .

Montana Significantly Revises Its Product Liability Laws


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On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a sealed container defense and the application of comparative negligence principles in strict liability actions. Montana also adopted a defense based on certain actions not being brought within 10 years. In addition, Montana adopted a rebuttable presumption with respect to a product’s defective condition. A jury must be informed about this rebuttable presumption with respect to certain warnings claims, premarket licensing procedures or claims involving drugs and/or medical devices. The changes to the Montana Code are further described below. Continue reading

This entry was posted in Comparative-Contributory Negligence, Contribution-Apportionment, Joint or Several Liability, Montana, Products Liability and tagged , , , , .