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 May 16, 2024, the CPSC announced the following recalls related to products that present fire-related hazards:

  1. Electrolux Group Reannounces Recall of Frigidaire and Kenmore Electric Ranges Due to Fire and Burn Hazards; Multiple Fires and Injuries Reported. According to the CPSC’s website, “[d]epending on the model, the surface heating elements can: 1) turn on spontaneously without being switched on; 2) fail to turn off after being switched off; or 3) heat to different temperatures than selected. This poses fire and burn hazards to consumers.”
  2. CHZHVAN Combination Smoke and Carbon Monoxide Detectors Recalled Due to Failure to Alert to Fire; Sold Exclusively on Amazon.com by Haikouhuidishangmaoyouxiangongsi. According to the CPSC’s website, “[t]he detectors can fail to activate, posing a risk that consumers will not be alerted to a fire.”
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Product Recall

Textron Specialized Vehicles Recalls Prowler Pro and Tracker Utility Vehicles (UTVs)


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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 9, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Textron Specialized Vehicles Recalls Prowler Pro and Tracker Utility Vehicles (UTVs) Due to Fire Hazard

According to the CPSC’s website, “[t]he fuel tank cap does not fit correctly, causing a fuel leak around the filler neck, posing a fire hazard.”

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 May 2, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. True Manufacturing Recalls Commercial Refrigerators with Secop Compressors Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled commercial refrigerators with Secop Compressors can fail in a manner causing the compressor to overheat, posing a fire hazard.”
  2. Polaris Recalls Prostar S4 Titan Adventure Snowmobiles Due to Fire Hazard. According to the CPSC’s website, “[t]he snowmobile can leak fuel at the pump flange assembly, posing a fire hazard and risk of serious injury to the rider or passenger.”

 

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Delivery

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails


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In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking claims when products sold on its website are defective.

In Johnson, the Plaintiff, Joshua Johnson (Johnson), purchased a bathmat on Amazon. The bathmat was designed, manufactured and sold by Comuster, a Chinese entity. Nine months after purchasing the bathmat, the bathmat shifted while Johnson was taking a shower and caused him to fall. Johnson sustained a severe cut on his arm that required surgery and left significant scarring.

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Investigating Residential Electrical Fires Part 2 – Arcing and Arc Mapping


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Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on investigating residential electrical fires entitled, “Investigating Residential Electrical Fires Part II – Arcing and Arc Mapping.” Bert and Matt dive into arc mapping and how it assists in identifying the area of origin and fire spread in subrogation cases involving residential electrical fires.

Listen to all of our episodes here. 

This entry was posted in Podcast, Subrogation.
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 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. Johnson Health Tech North America Expands Recall of Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he power cord can become loose from the treadmill’s power socket, posing a fire hazard.”
  2. Innovative Bedding Solutions and SBL Recall GhostBed Natural Mattresses Due to Fire Hazard; Violation of Federal Mattress Flammability Regulation. According to the CPSC’s website, “[t]he mattresses violate the smoldering ignition requirements of the federal mattress flammability regulation, posing a fire hazard.”
  3. Touchat Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Touchat. According to the CPSC’s website, “[t]he recalled area rugs violate the mandatory federal flammability regulations for carpets and rugs, posing a fire hazard.”
  4. Yoto Recalls Yoto Mini Speakers for Children Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he speaker’s lithium-ion battery can overheat and catch fire, posing burn and fire hazards to consumers.”
This entry was posted in CPSC Recalls, Products Liability and tagged .

Consumer Product Safety Commission Warning – To Immediately Stop Using Fuel Bottles Due to Risk of Poisoning, Burn, and Flash Fire Hazards; Violation of Federal Safety Regulations for Portable Fuel Containers


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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 April 4, 2024, the CPSC issued a warning urging consumers “to immediately stop using refillable fuel bottles sold by Shenzhen Pink Vine Technology.” The fuel bottles were sold Walmart.com. According the CPSC, the bottles “pose a risk of poisoning and burns to children due to lack of a child resistant closure” and “pose a flash fire hazard to all users due to lack of a flame mitigation device.” Apparently, “CPSC issued a Notice of Violation to the seller Shenzhen Pink Vine Technology Co. Ltd., of China, but the firm has not agreed to recall these fuel bottles or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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Recall Alert

Consumer Product Safety Commission Warning – Stop Using True Brothers Fuel Bottles Due to Risk of Poisoning, Burn, and Flash Fire Hazards; Violation of Federal Safety Regulations for Portable Fuel Containers


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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 April 4, 2024, the CPSC issued a warning urging consumers to “immediately stop using True Brothers refillable fuel bottles sold by Shenzhen Yinglong Industrial.” According the CPSC, bottles “pose a risk of poisoning and burns to children due to lack of a child resistant closure” and “pose a flash fire hazard to all users due to lack of a flame mitigation device.” Apparently, “CPSC issued a Notice of Violation to the seller Shenzhen Yinglong Industrial Co., Ltd. of China, doing business as LetSports, but the firm has not agreed to recall these fuel bottles or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

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

Consumer Product Safety Commission Warning – Immediately Stop Using Elide Fire Extinguishing Balls Due to Failure to Extinguish Fires and Risk of Serious Injury or Death


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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 March 28, 2024, the CPSC issued a warning urging consumers to “immediately stop using Elide Fire Extinguishing Balls due to failure to extinguish fires and risk of serious injury or death.” According the CPSC, “the products can fail to effectively disperse fire retardant chemicals and fail to extinguish a fire.” Apparently, “Elide Fire USA has not agreed to recall these fire extinguishing balls or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below:

This entry was posted in CPSC Warning, Products Liability and tagged .
Gavel

Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract


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In a matter of first impression, the Superior Court of Connecticut (Superior Court), in American Commerce Ins., Co. v. Eastern Fuel Corp., No. CV-206109168-S, 2024 Conn. Super. LEXIS 380, held that a waiver of subrogation provision in a consumer fuel service/delivery contract violated public policy. The Superior Court overruled the motion for summary judgment filed by Eastern Fuel Corporation (Eastern) and determined that the clause was impermissible as the contract was entered into by two parties with unequal bargaining power.

American Commerce Insurance Company (American) provided property insurance to Arlene and James Hillas (the Insureds) for their home in Woodbridge, Connecticut. The Insureds hired Eastern to service their heating system on or around October 25, 2018. The service work at the property included inspecting the oil filters and flushing the fuel lines. On November 1, 2018, when the Insureds turned the heating system on for the first time that season, the two oil tanks on the property were allegedly full. After a series of deliveries, claims that the oil levels were lower than expected, discovering oil staining on the floor and Eastern’s replacement of the oil lines, Eastern delivered another 429 gallons. However, after the delivery, additional leaks were discovered relating to the oil line replacements. Ultimately, the Insureds submitted a claim to American and American paid in excess of $59,000 for the damage incurred.

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This entry was posted in Connecticut, Contracts, Public Policy, Subrogation, Uncategorized, Waiver of Subrogation and tagged , , , , , .