MEDIA – A Delaware County homeowner and his insurance company alleges that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com.
Palisades Property & Casualty Insurance Company (as subrogee of James Marchesano) of Boston, Mass. and James Marchesano of Secane filed suit in the Delaware County Court of Common Pleas on June 8 versus Amazon.com, Inc. (c/o Corporation Service Company) of Seattle, Wash. and John Doe Manufacturer.
“At all times material hereto, plaintiff James Marchesano owned and resided at a property located at 844 Wyndom Terrace, Secane, PA 19018, hereafter the ‘subject property.’ At all times material hereto, Palisades provided property insurance to Marchesano which covered physical and consequential damages sustained at the subject property,” the suit states.
“Defendant Amazon is a highly sophisticated technology company that operates the world's largest e-commerce website. Defendant Amazon recommends certain products to its customers based off of algorithmic interpretations of data gathered on its site and elsewhere as to those products’ marketability to individual shoppers.”
The suit continues that on or about Oct. 22, 2018, Marchesano purchased a 6-pack of the Pest Repellent directly from Amazon on its Amazon.com website, under Order No. 112-3722453-5749014.
“Following receipt of the pest repellent, Marchesano plugged one of them into an outlet located in the kitchen of his residence at the subject property. On June 25, 2021, the pest repellent ignited internally and burned causing a fire that spread from the pest repellent to the wall and ceiling of the kitchen, and ultimately throughout the subject property. As a result of the fire, plaintiffs sustained significant damages to his property along with other incidental and consequential damages,” the suit says.
“Pursuant to his policy of insurance, Palisades was required to and has paid to or on behalf of James Marchesano an amount in excess of the arbitration limits of this court for damages caused by the fire and has become legally, equitably, and contractually subrogated to the rights of Marchesano to the extent of subject payments. Pursuant to his policy of insurance, Marchesano also sustained uninsured damages as a result of the fire including, but not limited to, the applicable deductible.”
According to the suit, the defendants designed and manufactured, distributed and sold the subject pest repellent with defects in design which made them unreasonably dangerous and unsafe for their intended and reasonably foreseeable use, in that they could ignite and start a fire.
For two counts of strict products liability – design defect, the plaintiffs are seeking damages in excess of $50,000, exclusive of interest, cost, counsel fees, and damages for delay as provided by law, and further relief as the Court may deem just and reasonable.
The plaintiffs are represented by Samuel J. Pace and Michael J. Lorusso of Dugan Brinkmann Maginnis & Pace, in Bala Cynwyd.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-004832
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com