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 May 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Garia Recalls Golf & Courtesy Electric Vehicles Due to Fire Hazard.

According to the CPSC, “[a] fuse can overheat and melt while the electric vehicle is charging ... 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 7, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Fully Popped Recalls Poppin’ Cobs 10 Pack Microwave Popcorn Due to Fire and Burn Hazards; Sold Exclusively at Uncommon Good Stores.

According to the CPSC ... Continue Reading

In Kornbleuth v. Westover, 2020 N.J. LEXIS 298, the Supreme Court of New Jersey considered whether the trail court properly dismissed the plaintiffs’ trespass claim against their neighbors for failing to offer evidence of diminution of the market value of their property. The Supreme Court upheld the dismissal, finding that the plaintiffs’ damages could not be determined, as a matter of law, because they did not offer evidence of the diminution of market value of their property as a result of the trespass. Although the plaintiffs presented evidence of the cost to restore the property, the court held that determining the applicable measure of damages for a trespass claim is dependent on the diminution of market value and whether or not the restoration costs are proportionate to that value.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 May 1, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Epson Recalls Power Adapters Sold with Epson Scanners Due to Burn and Fire Hazards.

According to the CPSC, “[t]he power adapters can overheat, melt and catch fire ... Continue Reading