Tag Archives: Products Liability

Recall Alert

Multiple 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 March 14, 2019, the CPSC announced the following recalls related to products that present fire hazards:

Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Fuel Leak, Fire Hazards;

Brush Art Recalls WIC Nutrition Plates Due to Fire Hazard; and

Tech Gear 5.7 Recalls Performance Heated Socks Due to Fire and Burn Hazards.

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Product Recall

HP Expands Recall of Batteries for Notebook Computers and Mobile Workstations


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

HP Expands Recall of Batteries for Notebook Computers and Mobile Workstations Due to Fire and Burn Hazards.

According to the CPSC, “[t]he lithium-ion batteries can overheat, posing fire and burn hazards.”

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Recall Alert

TJX Recalls Heating Pads Due To Fire and Burn Hazards


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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 8, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

TJX Recalls Heating Pads Due to Fire and Burn Hazards; Sold Exclusively at T.J. Maxx and Marshalls Stores.

According to the CPSC, “[t]he heating pads can overheat during use, posing fire and burn hazards.”

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Product Recall

Arctic Cat Recalls Textron Off-Highway Utility 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 March 5, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Arctic Cat Recalls Textron Off-Highway Utility Vehicles Due to Fuel Leak and Fire Hazard.

According to the CPSC, the “[f]uel can leak from the fuel line, posing a fire hazard.”

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Recall Alert

Academy Sports + Outdoors Recalls Turkey Fryer


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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 19, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Academy Sports + Outdoors Recalls Turkey Fryer Due to Fire Hazard.

According to the CPSC, “[t]he turkey fryer spout can leak oil, posing a fire hazard.”

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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 February 14, 2019, the CPSC announced the following recalls related to products that present fire hazards:

PurpleAir Recalls Power Supply Units for Air Sensors Due to Fire and Burn Hazards; and

CVB Recalls LUCID Folding Mattress-Sofas Due to Violation of Federal Mattress Flammability Standard.

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Recall Alert

Delta Electronics Recalls Solar Inverters


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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 7, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Delta Electronics Recalls Solar Inverters Due to Fire and Impact Hazards.

According to the CPSC, “[t]he capacitors can fail and allow heat to build up and the cover can eject with force from the unit, posing fire and impact hazards.”

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Product Recall

TJX Recalls Aroma Home Heating Pads Due to Fire and Burn Hazards


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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 may help to establish that the product was defective when it left the manufacturer’s possession and control. Despite the partial government shutdown, on January 19, 2019, TJX has announced a recall of its Aroma Home USB Heated Hottie Heating Pad. TJX announced the recall because the “heating pads can overheat during use, posing fire and burn hazards.”

To find out more about the recall, go to this website.

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Recall Alert

Hewlett Packard Expands Recall of Batteries Posing a Fire Risk


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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 may help to establish that the product was defective when it left the manufacturer’s possession and control. Despite the partial government shutdown, Hewlett Packard has announced an expansion of the battery recall that it first announced in January of 2018. The “batteries have the potential to overheat, posing a fire and burn hazard to customers.” As stated on the recall website:

Batteries affected by this program may have been shipped with specific HP Probook 64x (G2 and G3), HP ProBook 65x (G2 and G3), HP ProBook 4xx G4 (430, 440, 450, 455, and 470), HP x360 310 G2, HP ENVY M6, HP Pavilion x360, HP 11 notebook computers and HP ZBook (17 G3, 17 G4, and Studio G3) mobile workstations sold worldwide from December 2015 through April 2018. They were also sold as accessories or provided as replacements from December 2015 through December 2018 for the above products, as well as additional products through HP or an authorized HP Service Provider, including certain HP Mobile Thin Client products.

To find out more about the recall, go to this website. The link includes a battery validation utility that you can download.

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Construction Defect

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite


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In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a plumbing fixture for alleged defects in the product. After an extensive analysis of the language of the Act, the court found that class action claims under the Act are not allowed if the product was completely manufactured offsite. Since the subject fixture was completely manufactured offsite, the Court of Appeal reversed the lower court’s decision. The court’s holding establishes that rights and remedies set forth in the Right to Repair Act are not available for class action claims alleging defects in products completely manufactured offsite. Continue reading

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