Tag Archives: Products Liability

Product Recall

Yamaha Guitar Group Recalls Digital Wireless Equipment for Electric Guitars


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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 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Guitar Group Recalls Digital Wireless Equipment for Electric Guitars Due to Fire and Injury Hazards.

According to the CPSC, “[t]he lithium-ion battery can overheat and the battery cover can separate with force, posing fire and injury hazards.”

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Product Recall

Lennox Industries Recalls Ductless Heat Pumps


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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 27, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Lennox Industries Recalls Ductless Heat Pumps Due to Fire Hazard.

According to the CPSC, “[i]nternal electrical components can fail, allowing the units to overheat, posing a fire hazard.”

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Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine


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In Hinrichs v. Dow Chem. Co., 2020 WI 2, 2020 Wisc. LEXIS 2 (2020), the Supreme Court of Wisconsin considered whether two recognized exceptions to the economic loss doctrine—the “fraud in the inducement” and “other property” exceptions—applied to allow the plaintiffs’ tort claims to go forward. The court held that the fraud in the inducement exception only applies to alleged fraud that is unrelated to either the quality or characteristics of the product for which the parties contracted or performance of the contract. In addition, the court held that the fraud in the inducement exception did not apply to the plaintiffs’ tort claims because the alleged fraud was related to the quality and characteristics of the product, and thus was not extraneous to the contract. The court also held that the “other property” exception to the economic loss doctrine did not apply because the product at issue was integrated into a more complete product, and when that happened, the completed product ceased to be “other property” for purposes of the economic loss doctrine. This case narrows the application of two exceptions to the economic loss doctrine, which is a common defense in product defect cases. Continue reading

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Product Recall

Textron Specialized Vehicles Recalls Gas-Powered Golf, PTV, Utility and Shuttle 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 February 13, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Textron Specialized Vehicles Recalls Gas-Powered Golf, PTV, Utility and Shuttle Off-Road Vehicles Due to Fire Hazard.

According to the CPSC, “[t]he starter generator wire can be improperly secured, allowing it to come into contact with the vehicle’s exhaust, posing a fire hazard.”

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Recall Alert

Star Water Systems Recalls Sump Pumps


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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 6, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Star Water Systems Recalls Sump Pumps Due to Fire Hazard.

According to the CPSC, recall involves pedestal sump pumps that are used in residential de-watering. “The sump pumps can overheat, posing a risk of fire.”

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Product Recall

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors


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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 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors Due to Fire Hazard.

According to the CPSC, “[t]he contents of the cans can react with the package, causing rust to form along the can seam, which could spread to other areas of the can and create pinhole leaks.  Leaking propellant poses a fire hazard when it comes into contact with sources of ignition.  Leaking sealer can also result in property damage.”

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Recall Alert

Yamaha 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 November 26, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Recalls Portable Generators Due to Fire and Burn Hazards.

According to the CPSC, “[t]he portable generator’s fuel tank can leak gasoline, posing fire and burn hazards.”

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Product Recall

Carrier and Bryant-Branded Heat Pumps and Kawasaki Motors USA Lawn Mower Engine 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 October 8, 2019, and October 10, 2019, the CPSC announced the following recalls related to products that present fire hazards:

Carrier Recalls Carrier- and Bryant-Branded Heat Pumps Due to Fire Hazard; and

Kawasaki Motors USA Recalls Lawn Mower Engines Due to Burn and Fire Hazards.

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Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law


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As most subrogation professionals know, Amazon has been fighting products liability claims across the country for some time now. While it has been largely successful in doing so in the past, in a recent decision, Wisconsin sided with the plaintiff. In the case of State Farm Fire & Cas. Co. v. Amazon.com, Inc., 2019 U.S. Dist. LEXIS 122316, 2019 WL 3304887, the United States District Court for the Western District of Wisconsin denied the motion for summary judgment filed by defendant Amazon.com, Inc. (Amazon). The court held that Amazon was so deeply involved with the transaction at issue that it was an entity that could be held strictly liable under Wisconsin law. It also held that 47 U.S.C. § 230 of the Communications Decency Act (CDA) did not immunize Amazon because its liability was not based on posting content from a third party. Continue reading

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Product Recall

Whirlpool Recalls Glass Cooktops with Touch Controls


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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 August 28, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Whirlpool Recalls Glass Cooktops with Touch Controls Due to Burn and Fire Hazards.

According to the CPSC, “[t]he recalled cooktop surface elements can turn on by themselves, posing burn and fire hazards.”

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