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:
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 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:
- 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 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
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 26, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:
Eguana Technologies Recalls Evolve Home Energy Storage Systems with LG Battery Due to Fire Hazard.
According to the CPSC’s website, “[t]he lithium-ion ... 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. The CPSC recently announced the following recalls related to products that present fire hazards:
- Northern Lights Recalls Alaura Two-Tone Jar Candles Due to Laceration and Fire Hazards; Sold Exclusively at Costco (Recall Alert). According to the CPSC’s December ...
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 December 15, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[g]rass ... 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 December 1, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
E-filliate Recalls DEWALT Wireless Earphones Due to Burn and Fire Hazards.
According to the CPSC’s website, “[t]he wireless earphones can overheat ... 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 November 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
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 November 12, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
RH Recalls Outdoor Torches Due to Fire Hazard (Recall Alert).
According to the CPSC’s website, “[t]orch fuel can leak from the top of the torch canister ... 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 November 3, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Power Handles Recalled Due to Fire and Burn Hazards; Manufactured by Elektron Music Machines.
According to the CPSC’s website, “[t]he power handle 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 October 27, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
myCharge Recalls Powerbanks Due to Fire and Burn Hazards.
According to the CPSC website, “[t]he powerbank’s lithium-ion battery can overheat 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 October 21, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Lightform Recalls LED Projectors Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he projector’s fan can malfunction and overheat, posing a ... 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 September 15, 2021 and September 16, 2021, the CPSC announced the following recalls related to products that present fire hazards:
- Gas One Recalls Propane Adapter Hoses Due to Fire Hazard. According to the CPSC, “[t]he hose can swell during use causing gas to leak ...
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 August 25, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC, “[t]he lithium-ion GLW ... 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 August 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Intertex Recalls Blower Fans Due to Fire Hazard.
According to the CPSC, “[t]he capacitor in the recalled VP-33 blower fans can overheat, posing a fire ... Continue Reading
In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator manufactured by the defendant—was sufficient to support the malfunction theory of products liability. The court found that because both potential causes imposed liability on the product manufacturer and the expert ruled out misuse of the product, as well as all external causes of the fire, it was not necessary for the engineer to identify a specific cause under the malfunction theory. The court also found that the expert’s investigation and opinions met the criteria set forth in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) and the Federal Rules of Evidence and, thus, were admissible.Continue Reading
In Griffin v. Ste. Michelle Wine Estates Ltd., No. 47703, 2021 Ida. LEXIS 127, the Supreme Court of Idaho considered whether an Italian wine bottle manufacturer’s contacts with Idaho were sufficient under the Due Process Clause of the United States Constitution to permit the exercise of personal jurisdiction over the manufacturer in Idaho for a plaintiff’s product liability action. Stated another way, the court considered whether a manufacturer located outside the United States (with no domestic presence) could be sued in Idaho because its’ product reached Idaho and caused injury.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 August 12, 2021, the CPSC announced the following recalls related to products that present fire hazards:
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. Recently, the CPSC announced the following recalls related to products that present fire hazards:
- Specialized Bicycle Components Recalls Electric Mountain Bike Battery Packs Due to Fire and Burn Hazards (Recall Alert). According to the CPSC, “[w]ater can ...
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 August 4, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
The brands recalled included ... 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 21, 2021, the CPSC announced the following recalls related to products that present fire hazards:
- American Outdoor Brands Recalls Caldwell Earmuffs with Rechargeable Lithium-Battery Packs Due to Fire and Burn Hazards. According to the CPSC, “[t]he ...
Rhode Island’s governor, Daniel McKee, signed 2021 R.I. HB 5867/2021 R.I. SB 736 into law on July 13, 2021. The enactment changes Rhode Island’s products liability law and impacts how courts treat a manufacturer’s or seller’s claim that it is not liable due to a subsequent alteration or modification of the product.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 15, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC ... 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 8, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC, “[t]he unit can overheat, posing ... Continue Reading
On June 25, 2021, the Texas Supreme Court held that Amazon cannot be liable for defective third-party products sold on its website, even when Amazon controls the transaction and delivery of the product, because Amazon never relinquishes or holds title to the products. This opinion should result in the reversal of a prior decision by the United States District Court for the Southern District of Texas – which found that Amazon was a “seller” under Texas law – and causes further division in the jurisdictions in the United States regarding whether Amazon can be held liable for defective third-party products.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 June 16, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Cove Appliance Recalls Dishwashers Due to Fire Hazard.
According to the CPSC, “[t]he heating element in the dishwasher can fail to properly shut off and 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 May 13, 2021, the CPSC announced the following recalls related to products that present fire hazards:
- BRP Recalls Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he snowmobile’s muffler can overheat and cause the upper right-hand ...
Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to revive defenses based on meeting industry standards and the plaintiff’s contributory negligence. Recently, the Superior Court of Pennsylvania tempered that hope with limitations of how far strict liability defenses can extend.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 6, 2021, the CPSC announced the following recall related to a product that presents a fire-related risk:
According to the CPSC ... 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 5, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Scott Fetzer Consumer Brands Recalls Multi-Use Water Pumps Due to Fire and Shock Hazards.
According to the CPSC, “[i]f water gets into the electrical circuit ... 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 28, 2021, the CPSC, PTAC Crew and PTAC USA warned consumers regarding units that PTAC Crew and PTAC USA refurbished and resold after they were previously recalled between 2004 and 2018. The recall relates to packaged terminal air conditioner (PTAC), packaged ... 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 28, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Pool Heaters Recalled by Pentair Water Pool and Spa Due to Fire Hazard.
According to the CPSC, “[a] connection in the heater can leak the combustible air-gas ... Continue Reading
Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court of Appeal of California, Second Appellate District (Second District), held that, under the circumstances, Amazon could be held strictly liable.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 22, 2021, the CPSC announced the following recalls related to products that present fire hazards:
- Kawasaki USA Recalls Recreational Off-Highway Utility Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fuel pump retainer plate ...
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 21, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Metal Ware Recalls NESCO Coffee Bean Roasters Due to Fire Hazard.
According to the CPSC, “[t]he coffee bean roasters can overheat, posing a 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 April 14, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Audio-Technica Recalls Charging Cases Sold with Wireless Headphones Due to Fire Hazard.
According to the CPSC, “[t]he portable charging cases can overheat ... 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 7, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Goal Zero Recalls Power Cables Due to Fire Hazard.
According to the CPSC, “[t]he pins inside the connector on the power cord can deform and overheat, posing a fire ... 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 25, 2021, the CPSC announced the following recalls related to products that present fire hazards:
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, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Flame King Recalls Hog 100-Pound Propane Cylinders Due to Fire Hazard.
According to the CPSC, “[t]he propane cylinders manufactured with a handle below the ... 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 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
HD Hudson Recalls Battery-Powered Sprayers Due to Fire Hazard.
According to the CPSC, “[t]he sprayer’s lithium-ion battery can overheat, posing a fire ... 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 11, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Melaleuca Recalls Three-Wick Revive Candles Due to Fire and Burn Hazards (Recall Alert).
According to the CPSC, “[t]he candles’ high flames can ignite the ... 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 24, 2021, the CPSC announced the following recalls related to products that present fire-related hazards:
- Urban Outfitters Recalls Margo Taper Candle Holders Due to Fire Hazard. According to the CPSC, “[t]he candle holders can catch on fire if they come ...
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 12, 2015, the CPSC announced the following recall related to a product that presents a fire hazard:
NZXT Recalls H1 Computer Cases Due to Fire Hazard.
According to the CPSC, “[m]etal screws that attach the PCIe riser assembly to the chassis can cause a short ... Continue Reading
In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s liability expert’s testimony regarding the sufficiency of the defendant’s product maintenance instructions. The plaintiff offered the testimony in support of his failure-to-warn product defect claim. The District Court excluded the testimony because the facts of the case did not support the plaintiff’s failure-to-warn claim, which rendered the testimony irrelevant. This case establishes that expert testimony can be excluded if there is an improper fit between the testimony and the underlying claim.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 3, 2021, the CPSC announced the following recalls related to products that present fire hazards:
- Victory Innovations Recalls Electrostatic Sprayers with Lithium-ion Battery Packs Due to Fire and Explosion Hazards. According to the CPSC, “[t]he ...
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 19, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Rapala USA Recalls Rechargeable Fillet Knives Due to Fire Hazard.
According to the CPSC, “[t]he battery can overheat and catch fire if non-Rapala chargers ... 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 13, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Belkin Recalls Portable Wireless Chargers + Stand Special Edition Due to Fire and Shock Hazards.
According to the CPSC, “[a] manufacturing defect in the ... 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 6, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Massimo Motor Sports Recalls Percussion Massage Guns Due to Fire Hazard; Sold Exclusively at Costco.
According to the CPSC, “[t]he lithium-ion battery ... 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 December 31, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Anticimex Recalls SMART Connect Mini Devices Due to Fire and Injury Hazards (Recall Alert).
According to the CPSC, “[t]he device’s power supply 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 December 23, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Urban Outfitters Recalls Taper Candle Holders Due to Fire Hazard.
According to the CPSC, “[t]he candle holders can catch on fire if they come in contact with ... Continue Reading
New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is based upon Amazon’s level of control over the sale of the product. There are three ways which products are sold on Amazon: (1) Amazon sells, processes and ships the product; (2) a third-party sells, processes and ships the product (i.e., Amazon does not take possession of the product); and (3) a third-party sells the product and Amazon “fulfills” the order by storing, processing and shipping the product through its “Fulfillment by Amazon” (FBA) logistical program. The FBA program has been the lynchpin in many of the recent decisions decided against Amazon, including a recent New York case. Under the FBA, the sellers store their inventory at Amazon’s warehouse until the product is purchased, at which time Amazon retrieves the product from its warehouse shelf, packages it, and ships it to the consumer. Accordingly, Amazon has significant control over products “fulfilled” through the FBA.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 December 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- LG Energy Solution Michigan Recalls Home Energy Storage Batteries Due to Fire Hazard. According to the CPSC, “[t]he home batteries can overheat, posing a ...
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 December 10, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- Thermo Tents Recalls Mór Series Tents Due to Fire Hazard; Tents are Mislabeled as Fire Retardant (Recall Alert). According to the CPSC, “[t]he tents are ...
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 December 9, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- Neptune Benson Recalls Delta Ultra-Violet Generators For Pools and Spas Due to Fire Hazard. According to the CPSC, “[w]ater can leak within the generator ...
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 December 2, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
ADCO Recalls Candles Due to Fire and Burn Hazards; Sold Exclusively at Dollar Tree.
According to the CPSC, “[t]he candles’ high flames can ignite the ... 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 November 25, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Towsleys Recalls 3-in-1 Qi Wireless Chargers, Power Banks and Travel Chargers Due to Fire Hazard.
According to the CPSC, “[t]he chargers and power banks ... 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 November 10, 2020, and November 12, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- Fire Pit Tables Sold Exclusively at Big Lots Recalled Due to Fire Hazard; Manufactured by Sunjoy. According to the CPSC, “[a]n ...
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 November 10, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Kohl’s Recalls Three-Wick SONOMA Goods For Life Branded Candles Due to Fire and Burn Hazards.
According to the CPSC, “[t]he candle’s high flames 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 November 10, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Ring Recalls Video Doorbells (2nd Generation) Due to Fire Hazard.
According to the CPSC, “[t]he video doorbell’s battery can overheat when the ... 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 November 4, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Coulter Ventures Recalls Rogue Home Timers Due to Fire Hazard; Sold Exclusively at Rogue Fitness.
According to the CPSC, “[t]he lithium-ion battery inside ... 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 October 28, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Schneider Electric Recalls Surgeloc™ Surge Protection Devices Due to Fire Hazard.
According to the CPSC, “[t]he Surgeloc Surge Protection Device can ... Continue Reading
In Allied Ins. Co. of Am. v. Jpauljones L.P. & Tek Elec. Co., 1:19-CV-00237-SNLJ, 2020 U.S. Dist LEXIS 179225, the United States District Court for the Eastern District of Missouri considered whether defendant Jpauljones, L.P. (JPJ) was subject to specific personal jurisdiction in Missouri because its website sold products to Missouri residents. The court held that the defendant’s nationwide retail website, with no particular focus or target on Missouri, does not in itself subject the defendant to specific jurisdiction in Missouri. This case further narrows the reach of specific jurisdiction based solely on the defendant’s direct internet-based sales into the forum.Continue Reading
Many states, finding that the purpose of the strict liability doctrine is to protect otherwise defenseless victims from defective products, hold that principles of comparative negligence do not apply to strict liability actions. Georgia is not one of those states. In Johns v. Suzuki Motor of Am., S19G1478, 2020 Ga. LEXIS 760, the Supreme Court of Georgia recently held that Georgia’s comparative fault statute, OCGA § 51-12-33, applies to strict products liability claims brought pursuant to Georgia’s product liability statute, OCGA § 51-1-11.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 October 15, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Sales BSD Recalls Homerygardens Extension Cord Splitters Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he wire size of the recalled ... 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 September 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- MWE Investments Recalls Westinghouse Portable Generators Due to Fire Hazard. According to the CPSC, “[t]he recalled portable generators can leak fuel ...
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 September 9, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Royal Gourmet Recalls Deluxe Gas Grills Due to Fire Hazard; Sold Exclusively at Wayfair.com.
According to the CPSC, “[t]he grill’s plastic regulator ... 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 September 3, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
CFMOTO Recalls Recreational Off-Highway Vehicles Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he fuel line fitting on the vehicles can ... Continue Reading
The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020 Cal. App. LEXIS 761. The decision in Bolger comes just two months after the United States District Court for the Southern District of Texas reached the same ruling under Texas law in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025Continue 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 August 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Pier 1 Recalls Three-Wick Halloween Candles Due to Fire and Burn Hazards.
According to the CPSC, “[t]he candle’s high flames can ignite the surface of the ... 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 August 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Intertex Recalls Blowers Due To Fire Hazard.
According to the CPSC, “[t]he utility outlets on the side of the blowers are not protected by a circuit breaker. If ... Continue Reading
To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate cause of the claimed damage or injury. Ordinarily, a plaintiff relies upon direct evidence of a product defect to establish its product liability claim. However, in some cases, the product sustains so much damage that it is impossible for a plaintiff to obtain direct evidence of a defect.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 16, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Polaris Recalls Snowmobiles Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he fuel hose can be improperly secured, posing a fire hazard to ... 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 9, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
RH Recalls Riveted Mesh Floor Lamps Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he lamp’s on/off foot switch can overheat, melt or catch fire ... 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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Edwards Recalls Mechanical Heat Detectors Due to Failure to Alert to Fire.
According to the CPSC, “[t]he recalled heat detectors can fail to activate in ... 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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Rexair Recalls to Repair Rainbow SRX Vacuums Due to Fire and Burn Hazards.
According to the CPSC, “[t]he circuit board on the vacuum can spark, posing fire and ... Continue Reading
Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a “seller” under Texas’ product liability statute for injuries caused by a defective product sold by a third-party vendor on its website. Although the court’s analysis is based on Texas law, the decision puts one more crack in Amazon’s armor.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 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:
According to the CPSC ... 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
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 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:
- Polaris Recalls Model Year 2018 to 2020 Ranger XP 1000 Off-Road Vehicles. According to the CPSC, “[th]e clutch belt can break and damage the secondary clutch ...
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 2, 2019, the CPSC announced the following recalls related to products that present fire hazards:
- Southern Motion Recalls “Wireless Power” Reclining Furniture Due to Fire Hazard. According to the CPSC, “[t]he lithium-ion batteries used to power the ...
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 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Oil Leak, Fire Hazard.
According to the CPSC, “[d]ebris can ignite on the vehicle’s exhaust ... 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 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers Due To Burn, Shock and Fire Hazard.
According to the CPSC, “[t]he vaporizers can overheat, and the ... 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 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC, “[t]he lithium-ion ... 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 27, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Lennox Industries Recalls Ductless Heat Pumps Due to Fire Hazard.
According to the CPSC, “[i]nternal electrical components can fail, allowing the units ... Continue Reading
In Hinrichs v. Dow Chem. Co., 2020 WI 2, 2020 Wisc. LEXIS 2 (2020), the Supreme Court of Wisconsin considered whether two recognized exceptions to the economic loss doctrine—the “fraud in the inducement” and “other property” exceptions—applied to allow the plaintiffs’ tort claims to go forward. The court held that the fraud in the inducement exception only applies to alleged fraud that is unrelated to either the quality or characteristics of the product for which the parties contracted or performance of the contract. In addition, the court held that the fraud in the inducement exception did not apply to the plaintiffs’ tort claims because the alleged fraud was related to the quality and characteristics of the product, and thus was not extraneous to the contract. The court also held that the “other property” exception to the economic loss doctrine did not apply because the product at issue was integrated into a more complete product, and when that happened, the completed product ceased to be “other property” for purposes of the economic loss doctrine. This case narrows the application of two exceptions to the economic loss doctrine, which is a common defense in product defect cases.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 13, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC, “[t]he ... 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 6, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Star Water Systems Recalls Sump Pumps Due to Fire Hazard.
According to the CPSC, recall involves pedestal sump pumps that are used in residential de-watering ... 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 14, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
The Thompson’s Company Recalls Aerosol Waterproofing Wood and Masonry Protectors Due to Fire Hazard.
According to the CPSC, “[t]he contents of the cans ... 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 November 26, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:
Yamaha Recalls Portable Generators Due to Fire and Burn Hazards.
According to the CPSC, “[t]he portable generator’s fuel tank can leak gasoline, posing ... 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 October 8, 2019, and October 10, 2019, the CPSC announced the following recalls related to products that present fire hazards:
Carrier Recalls Carrier- and Bryant-Branded Heat Pumps Due to Fire Hazard; and
Kawasaki Motors USA Recalls Lawn Mower Engines Due to Burn ... Continue Reading
As most subrogation professionals know, Amazon has been fighting products liability claims across the country for some time now. While it has been largely successful in doing so in the past, in a recent decision, Wisconsin sided with the plaintiff. In the case of State Farm Fire & Cas. Co. v. Amazon.com, Inc., 2019 U.S. Dist. LEXIS 122316, 2019 WL 3304887, the United States District Court for the Western District of Wisconsin denied the motion for summary judgment filed by defendant Amazon.com, Inc. (Amazon). The court held that Amazon was so deeply involved with the transaction at issue that it was an entity that could be held strictly liable under Wisconsin law. It also held that 47 U.S.C. § 230 of the Communications Decency Act (CDA) did not immunize Amazon because its liability was not based on posting content from a third party.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 August 27, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:
At Home Recalls Shag Rugs Due to Violation of Federal Flammability Standard; Fire Hazard.
The CPSC posted the following information about the hazard:
The ...
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 August 28, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:
Whirlpool Recalls Glass Cooktops with Touch Controls Due to Burn and Fire Hazards.
According to the CPSC, “[t]he recalled cooktop surface elements can turn ... 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 August 20, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:
Southwire Recalls Electrical Outlet Boxes Due to Fire Hazard.
According to the CPSC, “[t]he electrical receptacles can overheat when in use, posing a fire ... Continue Reading
In reviewing a ruling on a motion for summary judgment that found that a component manufacturer owed no duty to install safety features, the Supreme Court of Indiana answered a narrow question that shifts the landscape for product liability litigation pursuant to the Indiana Product Liability Act (IPLA). Brewer v. PACCAR, Inc., 2019 Ind. LEXIS 428, involved a wrongful death claim against PACCAR, Inc. (PACCAR), the manufacturer of a glider kit that is installed on semi-trucks. The glider kit comes with a variety of optional safety features, provided they are specifically requested by the semi-truck manufacturer that integrates the kit into its end product.Continue Reading
