Products Liability & Insurance

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Products Liability & Insurance

TOP STORY—MOTOR VEHICLE EQUIPMENT—Ga. Sup. Ct.: High court answers ‘seatbelt statute’ evidentiary issue raised in products liability lawsuit

Evidence of an occupant failing to wear a seatbelt is wholly excluded under Georgia state law, but a vehicle manufacturer can introduce evidence of seatbelts with respect to the passenger restraint system and compliance with federal safety standards....

TOP STORY—MOTOR VEHICLE EQUIPMENT—Ga. Sup. Ct.: High court answers ‘seatbelt statute’ evidentiary issue raised in products liability lawsuit
JURISDICTION—ELECTRONIC PRODUCTS—Ohio Sup. Ct.: Writ of prohibition rejected in battery explosion case
June 24, 2022
Sara Cracau, J.D.

Because the lithium-ion battery manufacturer failed to demonstrate a patent and unambiguous lack of personal jurisdiction in the trial court, the state high court denied the company’s writ of prohibition. The Ohio Supreme Court denied a writ of prohi...

FINAL RULES—BABY PRODUCTS—CPSC incorporates ASTM’s updated voluntary standard for infant bath tubs
June 24, 2022
Susan L. Smith, J.D., M.A.

The revisions include new warning requirements for battery-operated infant bath tubs as well as a requirement that folding infant bath tubs have latching and locking mechanisms or “other means” of preventing the product from folding or collapsing. Th...

CPSC NEWS—CHILDREN’S PRODUCTS—Richie House recalls children’s robes due to burn hazard, violation of flammability standards
June 24, 2022
Susan Engstrom

The garments were sold exclusively on Walmart.com. Richie House, of Irvine, California, is recalling about 480 children’s robes because they fail to meet the flammability standards for children’s sleepwear, posing a risk of burn injuries to children ...

CPSC NEWS—CHILDREN’S PRODUCTS—The Children’s Place recalls baby boy rompers over choking hazard
June 24, 2022
Susan Engstrom

The firm will provide a full refund. The Children's Place, of Secaucus, New Jersey, is recalling approximately 10,850 Baby Boy Dino Rompers and Baby Boy Camo Rompers Two Pack because the metal snaps on the rompers can detach, posing a choking hazard ...

CPSC NEWS—HOUSEHOLD PRODUCTS—Pendant light fixtures recalled by Tech Lighting for risk of impact injury
June 24, 2022
Susan Engstrom

The firm will provide a free repair kit and will reimburse consumers for the cost of having it installed by a certified electrician. Tech Lighting is recalling approximately 670 Coda pendant light fixtures because they can detach from their electrica...

CPSC NEWS—BABY PRODUCTS—CPSC’s new safety standard for infant sleep products takes effect
June 24, 2022
WK Editorial Staff

The rule applies to products manufactured on or after June 23, 2022. A new federal rule to ensure that products marketed or intended for infant sleep provide a safe sleep environment for babies up to five months old has taken effect, the Consumer Pro...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
June 24, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
June 24, 2022
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

NHTSA NEWS—MOTOR VEHICLE EQUIPMENT—NHTSA final rule bolsters testing standards for child safety seats
June 24, 2022
Susan Lasser, J.D.

The new rule adopts a side impact test in addition to the currently required frontal impact test under the federal motor vehicle safety standard relating to child restraint systems. To improve the protection of children during side-impact crashes, th...

Products Liability & Insurance

TOP STORY—DAMAGES—Colo. Sup. Ct.: Colorado high court clarifies ambiguous ‘interest on damages’ statute; finds filing of appeal of judgment triggers interest rate shift

Reversing the court of appeals, the supreme court found that the rate for calculating postjudgment interest must change from the statutory nine percent rate to the market-based rate upon the judgment debtor’s filing of an appeal of the judgment again...

TOP STORY—DAMAGES—Colo. Sup. Ct.: Colorado high court clarifies ambiguous ‘interest on damages’ statute; finds filing of appeal of judgment triggers interest rate shift
EXPERT EVIDENCE—MEDICAL DEVICES—D. Md.: Causation opinions in expert report and affidavit not admissible in mesh product design defect action
June 23, 2022
Sara Cracau, J.D.

Medical expert opinions in a report and a supplemental affidavit on causation in a design defect products liability action stemming from injuries allegedly caused by defective mesh were not admissible on reconsideration. A federal district court in M...

STATUTES OF LIMITATIONS AND REPOSE—ELECTRONIC PRODUCTS—Ohio App.: Equitable tolling did not apply after temporary emergency COVID-19 tolling expired in lithium-ion battery explosion case
June 23, 2022
Jeffrey H. Brochin, J.D.

The doctrine of equitable tolling is to be applied sparingly and only in exceptional circumstances that justify a departure from established procedure, and litigants must demonstrate that they diligently pursued their rights. The Court of Appeals of ...

NOTICES—HOUSEHOLD PRODUCTS—CPSC seeks comments on information collection relating to lawn mower safety standard
June 23, 2022
Susan Engstrom

Manufacturers and importers of walk-behind power lawn mowers must establish and maintain records to demonstrate compliance with testing and labeling requirements. The Consumer Product Safety Commission (CPSC) is requesting comments on a proposed exte...

CPSC NEWS—ELECTRONIC PRODUCTS—SunVilla™ recalls over 400K solar LED umbrellas due to fire, burn hazards
June 23, 2022
Susan Engstrom

The company has received several reports of fires caused by the lithium-ion battery overheating. SunVilla™ Corporation, of Chino, California, is recalling about 400,000 10’ Solar LED Market Umbrellas because the lithium-ion batteries in the umbrella’...

CPSC NEWS—HOUSEHOLD PRODUCTS—17.5K overhead garage storage racks recalled by Loctek for impact injury hazard
June 23, 2022
Susan Engstrom

Consumers are advised to unload all items from the racks immediately and to contact the firm for a free repair kit. Loctek Inc., of Livermore, California, is recalling around 17,500 FLEXIMOUNTS Overhead Garage Storage Racks because one of the U-shape...

CPSC NEWS—HOUSEHOLD PRODUCTS—Fire hazard prompts recall of walk-behind self-propelled lawn mowers
June 23, 2022
Susan Lasser, J.D.

Consumers will be provided a full refund for the recalled mowers. MTD Products Inc., of Cleveland, Ohio, has recalled approximately 1,774 Troy-Bilt SpaceSavr™ Walk-Behind Self-Propelled Lawn Mowers because the mower can leak fuel when it is stored in...

NHTSA NEWS—MOTOR VEHICLES—Ford recalls over 30K transit vehicles over instrument panel illumination failure
June 23, 2022
Joe Cox, J.D.

Dealers will update the fault instrument panel cluster software. Ford Motor Company is recalling about 30,244 2022 Transit vehicles because the instrument panel cluster may not properly illuminate telltales or gauges and the speedometer and tachomete...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
June 23, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
June 23, 2022
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

Products Liability & Insurance

TOP STORY—PROPOSED RULES—NHTSA’s proposed amendments to EDR regulations would increase recording period, sample rate

As mandated by the FAST Act, NHTSA has proposed amendments to its regulations governing Event Data Recorders (EDRs) that would increase the amount of time data would be retrieved prior to a crash. The National Highway Traffic Safety Administration (N...

TOP STORY—PROPOSED RULES—NHTSA’s proposed amendments to EDR regulations would increase recording period, sample rate
DEFENSES TO LIABILITY—CHEMICAL PRODUCTS—E.D. Ark.: Grant of summary judgment in silica-exposure case precludes subsequent wrongful death suit
June 22, 2022
Nicholas Kaster, J.D.

Both causes of action were grounded in the same underlying facts and circumstances, as well as in the same products liability theories of failure to warn and defective design. Res judicata and collateral estoppel barred a decedent’s beneficiaries fro...

NHTSA NEWS—MOTOR VEHICLES—Honda recalls over 112K vehicles for fuel leak risk
June 22, 2022
Susan Engstrom

Depending on the extent of any corrosion damage to the rear frame, the automaker may offer to repurchase the vehicle. Honda (American Honda Motor Co.) is recalling around 112,060 2006-2014 Ridgeline vehicles that were sold, or ever registered, in Con...

NHTSA NEWS—MOTOR VEHICLES—Incorrect front brake rotor installment prompts Kawasaki to recall motorcycles
June 22, 2022
Kendall Heebink

The front brake rotor and pads will be replaced by dealers at no cost to the owner. Kawasaki Motors Corp., U.S.A. (KMC) is recalling approximately 1,923 2020-2021 LX230A and 2022 LX230G motorcycles because the incorrect front brake rotor may have bee...

NHTSA NEWS—MOTOR VEHICLES—Incorrectly assembled steering gear leads to Daimler recall
June 22, 2022
Kendall Heebink

Daimler is currently developing the remedy for the steering gears. Daimler Trucks North America, LLC (DTNA) is recalling approximately 6,492 2021-2022 Freightliner (FCCC) MT45, and 2022-2023 Western Star 4900 and Freightliner Cascadia vehicles becaus...

NHTSA NEWS—MOTOR VEHICLES—Volvo Trucks recalls tractor trailers due to possible incorrect assembly of the steering gears
June 22, 2022
Kendall Heebink

Owners will be notified of the steering gear issue by mail. Volvo Trucks North America (Volvo Trucks) is recalling about 1,632 2022-2023 VN tractor trailers because the steering gears may have been assembled incorrectly, which can cause the gear to f...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
June 22, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
June 22, 2022
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

SUPREME COURT—CHEMICAL PRODUCTS—U.S.: High Court lets stand Ninth Circuit’s preemption, expert testimony rulings in Roundup® bellwether case
June 22, 2022
Susan Lasser, J.D.

Monsanto had asked the U.S. Supreme Court to review the appellate court’s decision that federal law did not preempt failure to warn claims bought by a Roundup user who developed cancer. The U.S. Supreme Court has declined a request by Monsanto Compan...

Products Liability & Insurance

TOP STORY—ASBESTOS—Iowa Sup. Ct.: Iowa state law does not bar asbestos claims against insulation supplier, plant owner

An Iowa statute that protects manufacturers or sellers from products liability claims premised on exposure to asbestos-containing products or component parts “made or sold by a third party” did not apply to the defendants in this case. The Iowa Supre...

TOP STORY—ASBESTOS—Iowa Sup. Ct.: Iowa state law does not bar asbestos claims against insulation supplier, plant owner
JURISDICTION—MEDICAL DEVICES—W.D.N.Y.: Court denies jurisdictional discovery in New York medical device product liability action
June 21, 2022
Sara Cracau, J.D.

The patient failed to show colorable jurisdictional claim in her medical device case to justify jurisdictional discovery. A federal court in New York has granted the motions to dismiss of medical device manufacturers and denied a patient’s motion for...

STATUTES OF LIMITATIONS AND REPOSE—ASBESTOS—D. Del.: Summary judgment recommended for valve manufacturer in mesothelioma case
June 21, 2022
Kenneth H. Ryesky, M.B.A., J.D.

Asbestos-containing valves did not lose their status as improvements to real property under Iowa's statute of repose, even after removal for replacement or repair, a magistrate judge concluded. A federal magistrate judge in Delaware has recommended t...

NHTSA NEWS—MOTOR VEHICLES—Chrysler recalls over 27K fuel pumps due to potential failure, fuel starvation
June 21, 2022
Kendall Heebink

Dealers will replace the faulty high pressure fuel pumps and additional fuel system components if necessary. Chrysler (FCA US, LLC) is recalling an estimated 27,316 Mopar High Pressure Fuel Pump part numbers: 68211268AA and 68211269AA; and Mopar 3.0L...

NHTSA NEWS—MOTOR VEHICLES—Ford recalls nearly 49K Mustang Mach-E vehicles over possible battery contactors overheating
June 21, 2022
Kendall Heebink

Dealers will update the on-board software without charge. Ford Motor Company is recalling an estimated 48,924 2021-2022 Mustang Mach-E vehicles because the high voltage battery main contactors may overheat. An overheated high voltage battery contacto...

NHTSA NEWS—MOTOR VEHICLES—Malfunctioning vehicle displays prompt Porsche recall
June 21, 2022
Kendall Heebink

New software will be installed by dealers at no cost to the owner. Porsche Cars North America, Inc. (Porsche) is recalling approximately 12,490 2020-2022 Taycan vehicles because a software error could cause the center screen (including the rearview c...

NHTSA NEWS—MOTOR VEHICLES—Over 30K motorcycles recalled by Bombardier due to potential loss of driving power
June 21, 2022
Kendall Heebink

The front sprocket will be replaced by dealers when the parts become available. Bombardier Recreational Products, Inc. is recalling an estimated 30,389 2015-2019 Can-Am Spyder F3 and RT motorcycles because the front sprocket may be defective and may ...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
June 21, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
June 21, 2022
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

Products Liability & Insurance

TOP STORY—CHEMICAL PRODUCTS—Fla.App.: Manufacturer of compressed gas owed no duty to third party injured by huffing consumer

Under Florida law, there is no duty to prevent-and no liability for-a third party’s misconduct absent the existence of a special relationship. The court found no special relationship to support the imposition of any such duty. A Florida appellate cou...

TOP STORY—CHEMICAL PRODUCTS—Fla.App.: Manufacturer of compressed gas owed no duty to third party injured by huffing consumer
NOTE TO SUBSCRIBERS
June 17, 2022

Products Liability Law Daily will not publish on Monday, June 20, in recognition of Juneteenth. We will resume publication on Tuesday, June 21, with the extensive coverage you’ve come to expect. Info

PREEMPTION—MOTOR VEHICLES—D.Kan.: Lack of installed optional safety systems did not equal design defect in semi-truck
June 17, 2022
Wendy Biddle, J.D.

Statements made by NHTSA did not reflect a federal regulatory objective sufficient to trigger implied obstacle preemption. The estates of victims who were killed when a Freightliner semi-truck crashed into the back of their vehicles failed to establi...

NOTICES—REPORTS AND STUDIES—NHTSA extends comment period for state electronic data collection grant program
June 17, 2022
WK Editorial Staff

The agency has given the public and stakeholders an additional 45 days to comment on the request-for-information notice. In response to a request from the Governors Highway Safety Association (GHSA), the National Highway Traffic Safety Administration...

CPSC NEWS—CHILDREN’S PRODUCTS—Children’s desks, chairs recalled by Times Tienda for lead poisoning hazard
June 17, 2022
Susan Engstrom

The furniture violates the federal lead paint and lead content bans. Times Tienda LLC, of Bayamon, Puerto Rico, is recalling approximately 700 children’s desks and chairs because the surface paint on this furniture contains levels of lead that exceed...

CPSC NEWS—CHILDREN’S PRODUCTS—Choking hazard prompts recall of wooden xylophone toys
June 17, 2022
Susan Lasser, J.D.

The company will provide consumers with a full refund upon return of the product. Primark US Corp., of Boston, Massachusetts, has recalled approximately 450 wooden xylophone toys because the xylophone’s feet can loosen and fall off, posing a choking ...

CPSC NEWS—CHILDREN’S PRODUCTS—Loulou Lollipop recalls children’s pajamas over burn hazard, violation of federal flammability standards
June 17, 2022
Susan Engstrom

The firm will provide a full refund or a store gift card upon proof that the recalled garment was destroyed. Loulou Lollipop, of Canada, is recalling about 1,300 sets of children’s pajamas because they fail to meet the tight-fitting flammability stan...

CPSC NEWS—HOUSEHOLD PRODUCTS—TJX recalls over 30K nest swing egg chairs due to danger of tip-over or collapse
June 17, 2022
Susan Lasser, J.D.

The recalled chairs were sold under the Tommy Bahama and Martha Stewart brands at Marshalls, T.J. Maxx, HomeGoods, and Homesense stores nationwide. The TJX Companies Inc., Framingham, Massachusetts, is recalling an estimated 30,600 Nest Swing Egg Cha...

NHTSA NEWS—MOTOR VEHICLES—117K Chrysler vehicles recalled over malfunctioning radio software
June 17, 2022
Kendall Heebink

Dealers will reprogram the radio software, which may affect the rearview image display, free of charge. Chrysler (FCA US, LLC) is recalling approximately 117,759 2022 Ram 1500, 2500 pickup trucks, and 3500 Cab Chassis vehicles with GVWR less than 10,...

NHTSA NEWS—MOTOR VEHICLES—Faulty ABS causes vehicle rollaway and recall of Jeep Grand Cherokee, Dodge Durango vehicles
June 17, 2022
Susan Lasser, J.D.

The remedy is currently under development. Chrysler (FCA US, LLC) is recalling an estimated 270,904 2018-2019 Jeep Grand Cherokee and Dodge Durango vehicles because a malfunction in the antilock-brake system (ABS) module may illuminate the brake ligh...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
June 17, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
June 17, 2022
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...