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 December 2, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

ADCO Recalls Candles Due to Fire and Burn Hazards; Sold Exclusively at Dollar Tree.

According to the CPSC, “[t]he candles’ high flames can ignite the surface of the wax or cause the glass to break, posing fire and burn hazards.”