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 January 28, 2016, the CPSC issued a recall for Varaluz Longfellow Light Fixtures because they present a fire hazard. A link to the recall notice can be found below:

Varaluz Recalls Longfellow Light Fixtures Due to Fire HazardContinue Reading

In Zbranek Custom Homes, Ltd. v. Joe Allbaugh, et al., No. 03-14-00131-CV, 2015 WL 9436630 (Tex.App.-Austin Dec. 23, 2015), the Court of Appeals of Texas, Austin, considered the circumstances under which a general contractor can be held liable for injuries to a non-contracting party’s property. The court held that, because the general contractor, Zbranek Custom Homes, Ltd. (Zbranek), exercised control over the construction of the fireplace at issue, Zbranek owed a duty of care to the first lessees of the home that Zbranek built.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 January 14, 2016, the CPSC issued a recall notice for Altar’d State monogrammed coffee mugs because the mugs present a fire hazard. You can find the recall notice at the link that follows:

Altar’d State Recalls Monogrammed Coffee Mugs Due to Fire HazardContinue 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 January 19, 2016, the CPSC issued a recall for Seasonal Specialties’ Synchronized Music and Lighting System because the product presents a fire hazard. A link to the recall notice is provided below:

Seasonal Specialties Recalls Synchronized Music and Lighting System Due ... Continue Reading