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Connecticut Makes ‘Modest Refinements’ to Product Liability Law

The Connecticut Supreme Court, in Bifolck v. Philip Morris, Inc., recently made what the Court termed “modest refinements” to Connecticut’s product liability law. Case No. SC 19310 (Conn. Dec. 29, 2016). To recover under Connecticut’s Product Liability Act, a plaintiff

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Posted in Product Liability

Sixth Circuit Refuses to Apply Kentucky’s Economic Loss Doctrine to Purchases by Consumers

The Sixth Circuit recently held that it would not apply Kentucky’s economic loss doctrine to consumer purchases, and consumers are free to pursue tort claims against manufacturers even when damage occurs only to a product itself. The Sixth Circuit was

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Posted in Economic Loss Doctrine, Product Liability

Watts Agrees to Settle Two Class Action Lawsuits Re Appliance Connectors

From the moment plumbing went indoors, there was the potential for water damage to buildings from faulty plumbing. And, the addition of appliances only increased the potential. But, what about the connection between the indoor plumbing and the appliance? The

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Posted in Product Liability

CPSC Advises Voluntary Industry Standards for Rechargeable Batteries Inadequate

On January 23, 2017, Samsung announced that poorly designed and manufactured batteries are to blame for the fires associated with its Galaxy Note 7 phones. The announcement comes after months of investigation by Samsung and three independent industry organizations. The

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Posted in Product Liability

Product Liability Claims When The Product Has No Manufacturer Label

There are many impediments to a successful investigation of a product liability claim – age of the product, preservation of evidence, chain of custody of the evidence, installation markings, etc. This article will discuss situations where there is a lack of

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Posted in Product Liability

Lithium Battery Fires and CT Scans

On October 13, 2016, Roylco Educational Light Cubes were recalled because its lithium battery can overheat and catch fire. On the same day, Samsung expanded its recall of the Galaxy Note7 Smartphones based on additional incidents with the replacement phone’s

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Posted in Cyber; IoT and Technology, Product Liability

Recalls of Lithium-Ion Laptop Batteries Continue

Despite over a decade of laptop battery recalls, one of the latest chapters in the lithium-ion fire hazard saga unfolded on June 23, 2016, when HP issued a sweeping recall of batteries installed in its notebook computers. The particular lithium-ion batteries

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Posted in Cyber; IoT and Technology, Product Liability

CPSC Recalls Hoverboards for Fire Hazards

On July 6, 2016, the Consumer Product Safety Commission (CPSC) issued a recall for more than 500,000 hoverboards due to fire hazards. The recall involves ten manufacturers, retailers, online retailers and/or US importers, with over half involving the popular Swagway

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Posted in Cyber; IoT and Technology, Product Liability

Imposing Liability on the Non-Manufacturing Seller of a Product in Texas

It is not unusual to face a situation where a product implicated in a loss is manufactured by a foreign defendant. Typically, the product has been manufactured in another country and distributed by a domestic company or otherwise sold by

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Posted in Product Liability

Is Your Product Really UL Approved?

In the media news recently there have been a number of reports concerning hoverboard fires which may involve the lithium-ion battery and/or compatibility with the power supply. The Consumer Products Safety Commission (CPSC) is investigating the root cause of these

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Posted in Product Liability
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