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 June 6, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Kawasaki Motors USA Recalls Engines Used in Bad Boy Mowers, BigDog, Bobcat, Cub Cadet, Hustler, John Deere and Kubota Brand Lawn and Garden Equipment Due to Fire and ...

The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire scene preservation and safeguarding evidence on water damage claims and in fire loss cases. They share three examples of scenarios in which acting fast, retaining proper investigators and evidence technicians can ensure that the client is in the best position to evaluate subrogation potential.

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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 16, 2024, the CPSC announced the following recalls related to products that present fire-related hazards:

1. Electrolux Group Reannounces Recall of Frigidaire and Kenmore Electric Ranges Due to Fire and Burn Hazards; Multiple Fires and Injuries Reported

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 9, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Textron Specialized Vehicles Recalls Prowler Pro and Tracker Utility Vehicles (UTVs) Due to Fire Hazard

According to the CPSC’s website, “[t]he fuel tank cap ... 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 2, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. True Manufacturing Recalls Commercial Refrigerators with Secop Compressors Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled commercial ...

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking claims when products sold on its website are defective.

In Johnson, the Plaintiff, Joshua Johnson (Johnson), purchased a bathmat on Amazon. The bathmat was designed, manufactured and sold by Comuster, a Chinese entity. Nine months after purchasing the bathmat, the bathmat shifted while Johnson was taking a shower and caused him to fall. Johnson sustained a severe cut on his arm that required surgery and left significant scarring.Continue Reading

Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on investigating residential electrical fires entitled, “Investigating Residential Electrical Fires Part II - Arcing and Arc Mapping.” Bert and Matt dive into arc mapping and how it assists in identifying the area of origin and fire spread in subrogation cases involving residential electrical fires.

Listen to all of our episodes here. 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 April 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Johnson Health Tech North America Expands Recall of Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert). According to the CPSC’s website ...

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2024, the CPSC issued a warning urging consumers to “immediately stop using True Brothers refillable fuel bottles sold by Shenzhen Yinglong Industrial.” According the CPSC, bottles “pose a risk of poisoning and burns to children due to lack of a child resistant ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2024, the CPSC issued a warning urging consumers “to immediately stop using refillable fuel bottles sold by Shenzhen Pink Vine Technology.” The fuel bottles were sold Walmart.com. According the CPSC, the bottles “pose a risk of poisoning and burns to children due to ... Continue Reading