The Subrogation Strategist

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On August 1, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Mattress Pads Recalled Due to Fire Hazard; Violation of Federal Mattress Pad Flammability Regulation; Manufactured by Avocado Mattress. According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”

1. ECHO Recalls Gas-Powered Backpack Blowers Due to Fire Hazard. According to the CPSC’s website, “[t]he fuel supply line can leak gas, posing a fire hazard.”