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Subrogation & Recovery Law Blog Posted on March 15, 2016 by Michael Melusky--Cozen and O'Connor 

In a recent decision, the Court of Special Appeals of Maryland considered an issue of first impression regarding the doctrine of spoliation. Maryland appellate courts had “not established how to apply the spoliation doctrine in the context of a situation” “where the physical object . . . that was destroyed [was] itself the subject of the case.” Cumberland Ins. Grp. v. Delmarva Power, No. 72, 2016 Md. App. LEXIS 12, at *10 (Md. Ct. Spec. App. Feb. 1, 2016). The court held that “it is appropriate to balance the degree of fault . . . on the part of the spoliator, on the one hand, with the level of prejudice that injures to the defense because the evidence has been destroyed on the other.” Id. at 11. The court explained that if this balance favors imposing a sanction, “the question then becomes what remedy is appropriate and whether a remedy less drastic then dismissal can cure the prejudice to the defendant.” Id.

 

CCAI was recently contacted by CBS (San Francisco) News Investigative Reporter, Julie Watts, regarding fire retardant chemicals in child car seats, and was looking for footage of burning vehicles. We were happy to help.

SAN FRANCISCO (KPIX 5) — Car seats are the only consumer product that parents are legally required to purchase in every state, though they are also commonly used outside of the car as strollers seats, swing inserts and as a place for babies to sleep inside the home.

A recent KPIX investigation repeatedly uncovered concerning, even cancer-causing, chemicals in a majority of the car seats tested. Then, using biomonitoring, we linked high levels of cancer-causing flame retardants in a child’s body to the flame retardants in her car seat.

The alleged culprit: the National Highway Traffic Safety Administration’s (NHTSA) 44-year old Federal Motor Vehicle Flammability Standard, FMVSS No. 302.

Click here for the video

Click on the link to see the full investigation.

Toxic Safety: Investigating Car Seat Chemicals

From Out of the Abyss

This weeks article is written by Dr. Ruth Alexander.  It is from the May 1956 VOL II No.4 issue ofthe California Conference of Arson Investigators' newsletter.

Our America: Treatment "Coddles" Juvenile Delinquents 

 

Description

This recall involves clear acrylic Hanukkah menorahs in a pyramid design that are 10.5 inches long, 1.2 inches wide and 2.3 inches high. Model number 240-14-0169 and bar code can be found on a round white label on the side of the menorah.

Get all the details at CPSC.

article found at KXAN.com -Leslie Rhode/KXAN News Special Contributor photo by Rimkus Consulting Group, Inc.


AUSTIN (KXAN) — When you have three small boys running around your house, you also have a slew of electronic toys and gadgets that come along with it. To make sure she was always prepared for long road trips and car pools, Jennifer Buaas kept extra AA and AAA batteries in her vehicle, just in case one of her boys needed to power one of their toys. 

 Early Halloween morning, Jennifer heard a car horn going off in her driveway.

“My husband grabbed the keys, went to the garage, opened the garage door and the Suburban was completely on fire,” said Jennifer.

Read more...

 

Description

This recall involves Bosch 1380 Slim small, 4.5-inch angle grinders with date codes 502 through 511. The model number and date codes are located on the name plate affixed to the underside of the grinder. The grinders are blue and silver with a black label and black and red control buttons. “BOSCH” is printed in red on the side of the product.

See full details at CPSC.

Zero-clearance fireplaces a main source of fires

Chief: Almost one-third of High Desert house fires caused by zero-clearance fireplaces

A Helendale house fire earlier this month that caused $50,000 in damages was the latest in a string of residential blazes to be traced to a zero-clearance fireplace, a County Fire official said.

Battalion Chief Warren Peterson blames zero-clearance fireplaces for roughly 30 percent of house fires responded to by San Bernardino County Fire.

Read more...

USDC Pennsylvania Permits Vaporizer Fire Case to Proceed to Trial

In MUTUAL BENEFIT INSURANCE COMPANY v. KAZ, INC.,Civil Action No. 1:12-CV-2108 (Feb. 20, 2014) at http://www.leagle.com/decision/In%20FDCO%2020140221C81 was a civil action filed by plaintiff Mutual Benefit Insurance Company ("MBIC"), as subrogee of Betty and Allen Miller, alleging strict liability, negligence, and breach of warranty against defendant Kaz, Inc. ("Kaz"). MBIC seeks reimbursement of monies paid pursuant to an insurance policy issued to the Millers, whose house was damaged in a fire. MBIC alleged that Kaz designed, manufactured, distributed, and sold a vaporizer that caused the fire. Presently before the court is Kaz's motion in limine to exclude the testimony of one of MBIC's submitted experts, Randolph Marshall of Marshall Forensic, LLC. For the following reasons, the court denied the motion.

Read more... 

The Six Motives for Firesetting

At any point during your career as a fire investigator you will be assigned to investigate an incendiary fire. When the investigator arrives on the scene, information about the incident will be coming from a variety of sources, including police, firefighters, witnesses and the occupants or owner. It is critical to sort all of the information and analyze it properly. During the investigation we must use critical thinking and ask many questions such as, why was this fire was deliberately set? Why was the home, business or vehicle the target of an arsonist? What was the motivation of the arsonist?

Read More...

BRP Recalls Ski-Doo and Can-Am Lithium-ion Rechargeable Batteries and Heated Gloves Due to Fire Haza

Description

This recall involves BRP Ski-Doo and Can-Am heated gloves and replacement Lithium-Ion rechargeable batteries. The gloves are only available in black and are sold with two lithium-ion rechargeable batteries and a charger. The gloves have either “ski-doo” or “can-am” on the pointer finger and on the wrist band of each glove. Both gloves come in size XS, S, M, L, XL, 2XL, 3XL. The battery pack is located on the zipped pouch on the wrist of each glove. Each battery is wrapped in white plastic with black writing which includes the warning information.  The recalled product codes can be found on the label sewn inside of the gloves. Recalled product codes are 446247 for the Can-Am heated gloves, 446248 for the Ski-Doo heated gloves and 4880580001 for the two Lithium-ion rechargeable batteries that are sold separately.

 

Read more...

Genie Recalls Garage Door Openers Due to Fire Hazard

Description

This recall involves Genie, models PowerMax 1200 and 1500, and Genie Pro, models TriloG 1200 and 1500, screw drive garage door openers. The garage openers are gray and have a rating of ¾ HPc for the models ending in 1200 and 1 HPc for the models ending in 1500. “Genie” and the model name appear on both sides of the opener. The serial numbers are printed on a label located on the side opposite to the light.

 

Read more...

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