Tag Archives: Products Liability

I Spy Claims Against Amazon


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A federal court in West Virginia recently ruled that a negligence claim could proceed against Amazon related to a spy camera used to take unsolicited photos of a teenage girl.  M.S. v. Amazon.com, Inc., No. 3:23-cv-0046, 2023 U.S. Dist. LEXIS 213236 (S.D. W. Va. Nov. 30, 2023). The negligence claim is specifically interesting for subrogation professionals as it potentially provides an additional avenue for recovery against Amazon in addition to a product liability claim.

In 2021, the plaintiff, M.S. (a minor), visited the United States as a foreign-exchange student.  During her stay, she lived with Darrel Wells, a 55-year-old man. Mr. Wells purchased a spy camera that was disguised as a bathroom towel hook on Amazon. The camera was listed for sale by an unknown third party and satisfied through the “Fulfillment by Amazon” program.  The product description showed the camera serving as a towel hook with the caption: “It won’t attract any attention[:] A very ordinary hook,” as shown in the photo below from the pleading.

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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 December 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Bunkhouse and Lotsa LITES! Mini String Lights Recalled Due to Burn and Fire Hazards; Imported by DM Merchandising (Recall Alert). According to the CPSC’s website, “[t]he bulbs can overheat when the string lights are plugged directly into an outlet, presenting burn and fire hazards.”
  2. Segway Powersports Recalls 2022 Fugleman UT10E and UT10X Utility-Terrain Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he ignition coil can fail to ignite one of the engine cylinders, allowing uncombusted fuel to enter the exhaust pipe where it could ignite, posing a fire hazard.”
  3. Nap Queen Maxima Hybrid Mattresses Recalled by Adven Group Due to Fire Hazard; Violation of Federal Flammability Standard. According to the CPSC’s website, “[t]he mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”
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Berkshire Blanket & Home Company Recalls Heated Throws and Blankets


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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 November 30, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Berkshire Blanket & Home Company Recalls Heated Throws and Blankets Due to Fire and Thermal Burn Hazards.

According to the CPSC’s website, “[t]he electric throws and blankets may overheat, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

 

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Product Recall

Lenovo Recalls USB-C Laptop Power Banks


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

Lenovo Recalls USB-C Laptop Power Banks Due to Fire Hazard.

According to the CPSC’s website, “[t]he power bank’s internal screws can come loose, causing a short circuit and overheating of the lithium-ion battery, posing a fire hazard. Do not put lithium-ion batteries in the trash or battery recycling boxes found at various retail and home improvement stores. They can cause fires and explosions if they are damaged or crushed and are a hazard when thrown in the trash.”

Product images from the CPSC website are set forth below:

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Recall Alert

Consumer Product Safety Commission Warning – Stop Using Toos Elite Electric Scooters 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 Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On October 23, 2023, the CPSC issued a warning urging consumers “about the risk of fire from Toos Elite 600-volt electric scooters.” According the CPSC, two people died in an apartment fire that local officials determined was caused by the lithium-ion battery in a Toos Elite 60-volt scooter. Apparently, “Toos Urban Ride has refused to conduct an acceptable recall with [the] CPSC.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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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 November 9, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Twin-Star International Recalls Infrared Quartz Electric Fireplaces Due to Fire Hazard; Sold Exclusively at Lowe’s. According to the CPSC’s website, “[t]he electric fireplaces can overheat, posing a fire hazard.”
  2. Magnolia Market Recalls 3-Wick Glass Candles Due to Fire and Laceration Hazards (Recall Alert). According to the CPSC’s website, “[t]he recalled Magnolia 3-wick candles were manufactured with the incorrect wax, which can cause excessive flames on the wicks and cause the glass candle containers to break, posing fire and laceration hazards.”
  3. Polaris Recalls RANGER Off-Road Vehicles Due to Fire and Crash Hazards (Recall Alert). According to the CPSC’s website, “[a]n improperly installed center brake line can cause the rear brake circuit to remain pressurized during operation, resulting in overheated brakes and reduced braking performance, posing fire and crash hazards.”
  4. DR Power Equipment Recalls Tow-Behind Field & Brush Mowers Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he exhaust pipe can break and cause damage to the unit due to excessive heat, especially in the presence of dry cuttings or spilled fuel, posing fire and burn hazards.”
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Recall Alert

Russound Recalls MCA-88 Multizone Controller Amplifiers


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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 October 5, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Russound Recalls MCA-88 Multizone Controller Amplifiers Due to Fire Hazard.

According to the CPSC’s website, “[t]he internal circuit board components can overheat, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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Secura Recalls Air Fryers


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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 September 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Secura Recalls Air Fryers Due to Fire and Burn Hazards (Recall Alert)

According to the CPSC’s website, “[a] wire connection in the air fryer can overheat, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

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Product Recall

Generac Recalls Portable Generators


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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 September 14, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Generac Recalls Portable Generators Due to Serious Fire and Burn Hazards.

According to the CPSC’s website, “[t]he recalled generators’ fuel tank can fail to vent adequately from the rollover valve, causing the gas tank to build up excess pressure and expel fuel when opened, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

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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 September 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

  1. Whirlpool Recalls Stacked Commercial Clothes Dryers Sold Under the ADC Brand Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled clothes dryers can overheat and ignite the clothes load, posing a fire hazard.
  2. Engineered Controls International Recalls LP Gas Compact Regulators Due to Fire Hazard. According to the CPSC’s website, “[t]he regulators could leak gas, posing a fire hazard.”
  3. ARGO Recalls ARGO Xplorer All-Terrain Vehicles (ATVs) Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[i]ncorrectly installed check valves and vent hoses can lead to fuel overflow, posing a fire hazard.”

 

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