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As a former Products Liability lawyer, you have a
recourse to go against the manufacturer and/or vendor
depending on the state laws where you are, but be
very careful to make sure the injured party did not
receive an insurance settlement from his own insurance
company, since they most probably have a SUBROGATION
clause in the policy that gives them the right to
recover from whomever is responsible and if you
release another party, you lose all your coverage.
Saw someone once have to pay back all the insurance
proceeds they recovered on a car loss -- they
had no lawyer and gave the other driver a release
for a few dollars only. The remedy is very iffy
as you cannot use the notice of recall or repairs
to prove the liability under the law. Your lawyer
would have to discover the proof showing the defect
and negligence of the designer, marketer, and
others responsible. Its hard, but then the
lawyer will want a 1/3 or 40% contingent fee
agreement that awards them a percentage of
whatever they win for the injured party. The
cases can sometimes be proven by forcing the
guilty parties to produce documents and evidence
they had of the losses and problems. They often
are held to have a continueing DUTY TO WARN
if they know of a defect. Have your friend find
a lawyer (usually a member of the Assn of Trial
Lawyers of America) who specializes in
Products Liability law. (may be able to find
one on the web - or one who already ding'ed
them in Court - which is why they may have sent
the warning letter out). The ATLA may have a
listing of lawyers who have handled prior claims
in the area and who have shared info in discovery
proceedings. Sometimes the Mfgr settles but keeps
it secret.
Ed Kelly -
> I'm forwarding an email I received from a friend. If you have a
> humidifier... Names have been eliminated, but message is real. If you have
> any ideas on recourse for him, email me off-list and I will pass it on to
> him.
>
> Captain Greg Daley
> Yacht Deliveries, Power & Sail
> Boat Charters
> www.CaptainGreg.net <http://www.captaingreg.net/>
> (310) 463-6626
>
> -----Original Message-----
> Subject: My boats fire
>
> If you recall my boat burned down last year and was a total loss. The
> dehumidifier was considered the probably cause but that where we left it.
> Today I get a recall letter on the dehumidifier you see below stating that
> the unit might cause a fire.
>
> Any ideas on what my recourse might be?
>
> ATTENTION
> IMPORTANT RECALL NOTICE
> WHIRLPOOL DEHUMIDIFIERS
>
> Item 261127 Whirlpool 25 pint Dehumidifier, model AD25BBK/ AD25J
> Item 261128 Whirlpool 40 pint Dehumidifier, model AD40DBK/ AD40J
> Item 261129 Whirlpool 50 pint Dehumidifier, model AD50DBK/ AD50J
>
> Dear Costco Wholesale Member:
>
> In cooperation with the U.S. Consumer Product Safety Commission
> ("CPSC"), Whirlpool Corporation, of Benton Harbor, Michigan, is
> voluntarily recalling certain dehumidifiers. The dehumidifiers can
> overheat, posing a fire hazard. Our records show that you may have
> purchased or received a dehumidifier subject to this recall from
> Costco.com.
> Whirlpool has received13 reports of the dehumidifier overheating
> and causing fires, three of which resulted in extensive property damage.
> No injuries have been reported.
> The dehumidifiers were sold online at Costco.com between May 1999
> and November 2001. The dehumidifiers were sold as Costco item numbers
> 261127, 261128 and 261129. The dehumidifiers are white plastic, about
> 2-feet high and have front-mounted water buckets. The recall models have
> serial numbers that begin with QG, QH, QJ, QK or QL. The serial number
> can be found on a label located on the wall behind the water bucket.
> Members with the recall dehumidifier should immediately unplug and
> stop using the Whirlpool dehumidifier, and contact Whirlpool at the
> toll-free number listed below to arrange for the free repair of the
> dehumidifier. Alternatively, members may return the dehumidifier to the
> nearest Costco Wholesale location for a full refund.
> For more information please contact Whirlpool Corporation at: 1 (866)
> 640-7139 or visit the firm's website at
> http://www.repair.whirlpool>.com.
> We apologize for any inconvenience this may have caused you.
> Please pass this letter onto any person to whom the product may have
> been passed.
>
> Sincerely,
> Costco Wholesale
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