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 July 28, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Nestlé Waters North America Recalls AccuPure Water Dispensers Due to Fire and Burn Hazards.Continue Reading

By: Edward A. Jaeger, Jr. and William L. Doerler

In products liability actions, in order to ensure that all potentially liable parties are included in a lawsuit, subrogation professionals often include strict liability claims against products sellers within the chain of distribution for a product. In West Virginia, the Legislature recently enacted legislation, W. Va. Code § 55-7-31, designed to protect “innocent” sellers from product liability lawsuits. The legislation states that, for actions involving a product sold on or after July 6, 2017, no product liability action – i.e. a strict liability action – can be maintained against a seller unless the seller meets one of the noted exceptions.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 July 25, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls RZR 170 Recreational Off-Highway Vehicles Due to Fuel Leak, Fire Hazards.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 July 24, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

iRover Recalls Self-Balancing Scooters/Hoverboards Due to Fire Hazard.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 July 19, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman 570 All-Terrain Vehicles Due to Fuel Leak, Fire Hazards.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 July 13, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

YSN Imports Recalls Refillable Propane Cylinders Due to Fire, Explosion Hazards.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 July 5, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Lumicentro Internacional with Home Depot Recalls Crystal Chandeliers Due to Fire and Burn Hazards.Continue Reading