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Case Notes
First Circuit: Plaintiff Lacks Standing to Recover for Allegedly Defective Product
In Kerin v. Titeflex Corp., 2014 U.S. App. LEXIS 21057 (1st Cir. Nov. 4, 2014), the plaintiff owned a home with an outdoor fire pit supplied with natural gas through corrugated stainless steel tubing (CSST). Although CSST can fail when exposed to powerful electrical forces such as lightning, it is widely used and approved by both government and industry regulatory bodies. Even though the plaintiff's CSST had never caused a problem, he sued its manufacturer in the United States District Court for the District of Massachusetts for negligence and breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability).
Citing reports of 141 home fires that “involved” both CSST and lighting, the plaintiff alleged that his CSST was defectively designed because, in the event of a nearby lightning strike, it was vulnerable to puncture and fire, and the defendant had failed to warn of this risk. The plaintiff sought damages in the amount of his “overpayment” for the allegedly defective product or, in the alternative, the cost of remedying the alleged safety issue.
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