The Subrogation Strategist

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 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 18, the CPSC issued a recall notice for twenty eight (28) different recalled products sold by Home Depot after they were recalled. Some of the recalled products are products that present fire hazards. To view the recall notice, click the link provided below.Continue Reading

In Dominguez v. Hayward Industries, Inc., Certified Gunite Company d/b/a Custom Pools, and John M. Pieklo, -- So.3d ----, 2015 WL 5438782 (3d DCA Sept. 16, 2015), the District Court of Appeal of Florida, Third District, discussed whether products liability claims related to a pool filter, a component part of a pool system, were subject to Florida’s twelve-year products liability statute of repose, section 95.031, Florida Statutes. The court held that a pool filter does not constitute an improvement to real property and, thus, the plaintiffs’ claims were subject to the statute of repose.Continue Reading

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 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 12, 2015, the CPSC issued the following recall notices related to products that present fire hazards:

STIHL Recalls Edgers, Trimmer/Brushcutters, Pole Pruners and KombiMotors Due to Fire Hazard

Family Dollar Recalls Wax Warmers Due to Fire and Burn Hazards

PNY ... Continue Reading