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 May 9, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Textron Specialized Vehicles Recalls Prowler Pro and Tracker Utility Vehicles (UTVs) Due to Fire Hazard

According to the CPSC’s website, “[t]he fuel tank cap ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2024, the CPSC issued a warning urging consumers to “immediately stop using True Brothers refillable fuel bottles sold by Shenzhen Yinglong Industrial.” According the CPSC, bottles “pose a risk of poisoning and burns to children due to lack of a child resistant ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2024, the CPSC issued a warning urging consumers “to immediately stop using refillable fuel bottles sold by Shenzhen Pink Vine Technology.” The fuel bottles were sold Walmart.com. According the CPSC, the bottles “pose a risk of poisoning and burns to children due to ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 28, 2024, the CPSC issued a warning urging consumers to “immediately stop using Elide Fire Extinguishing Balls due to failure to extinguish fires and risk of serious injury or death.” According the CPSC, “the products can fail to effectively disperse fire retardant ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 14, 2024, the CPSC issued a warning urging consumers to “immediately stop using the extension cords, and destroy them by unplugging, cutting the cord, and safely disposing in the garbage.” According the CPSC, Faddare 16.4’ extension power Cords “have undersized ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 7, 2024, the CPSC issued a warning urging consumers to “Immediately Stop Using EVERCROSS EV5 Hoverboards Due to Fire Hazard; Sold on Amazon.com and Walmart.com.” According the CPSC, it “has received one report of a fire, resulting in substantial property damage to a ... Continue Reading