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 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 24, 2017, the CPSC announced the following recall notice related to a product that presents a fire hazard:

OPW Recalls Gas Station Hose Swivel Connectors Due to Fire, Explosion HazardsContinue 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 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 23, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Vecaro LifeStyle Recalls Self-Balancing Scooters/Hoverboards 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 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 21, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman 850 and 1000 All-Terrain Vehicles Due to Burn and Fire HazardsContinue 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 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, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Battery Chargers for XBOX ONE Video Game Controllers Recalled by Performance Designed Products Due to Burn 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 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 10, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

R.W. Beckett Recalls Fuel Oil Valves 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 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 2, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls RZR and GENERAL Recreational Off-Highway Vehicles Due to Burn and Fire HazardsContinue Reading

In John Trimble, et al. v. City of Albany, et al., 2016, 144 A.D.3d 1484; 42 N.Y.S. 3d 432 (N.Y. App. Div.), the Supreme Court of New York, Appellate Division, addressed the issue of governmental immunity for municipal fire companies. The court held that the plaintiff, John Trimble  (Trimble), had sufficient evidence related to the four-pronged test for establishing a “special relationship” between a municipality and a citizen for liability to attach. In addition, the court held that the defendants were not entitled to summary judgment on the issue of governmental immunity. Specifically, regarding the latter holding, the court stated that, when there is no actual choice made on the part of the government, the government’s actions cannot be considered discretionary and immunity will not apply.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 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 1, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Philips Lighting Expands Recall of Metal Halide Lamps Due to Fire and Laceration HazardsContinue Reading