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 February 23, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

TJX Recalls Menorahs Due to Fire Hazard; Sold at Marshalls, HomeGoods and Homesense Stores.

According to the CPSC’s website, “[t]he resin and ... 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 February 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Anecdote Candles Recalls Double-Wick Autumn Candles Due to Fire and Laceration Hazards; Sold Exclusively at Anthropologie.

According to the CPSC’s ... 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 February 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Husqvarna Recalls All-Wheel Drive Robotic Lawnmowers Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he lithium-ion battery ... Continue Reading

In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred.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 February 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Viking Range Recalls Freestanding Gas Ranges Due to Risk of Gas Leak and Fire Hazard.

According to the CPSC’s website, “[t]he rigid gas tubing can ... 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 February 10, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Shop LC Recalls Electric Space Heaters Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he electric space heaters can ...

In Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. 120, 2021, 2022 Del. LEXIS 24, the Supreme Court of Delaware recently affirmed the lower court’s ruling that the statute of limitations barred the homeowners’ negligent construction claims. Although the court applied the discovery rule to toll the running of the three-year statute of limitations, it found that the homeowners were on inquiry notice of the defects within their home eight years before filing suit.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 February 9, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Home Easy Recalls Geek Heat Personal Heaters Due to Fire Hazard.

According to the CPSC’s website, “[t]he toggle power switch can spark when the switch is ... 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 January 28, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Johnson Health Tech Recalls Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he power cord ... Continue Reading