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 March 25, 2021, the CPSC announced the following recalls related to products that present fire hazards:

1. Polaris Recalls Ranger Recreational Off-Highway Vehicles and ProXD, Gravely and Bobcat Utility Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he drive belt can break during operation and damage the inner clutch cover assembly and fuel line, which can result in a fuel leak, posing a fire hazard.”
2. Inyo Pool Products Recalls PureLine Pool Pump Motors Due to Fire Hazard; Sold Exclusively on inyopools.com (Recall Alert). According to the CPSC, “[t]he pool pump motors can overheat, posing a fire hazard.”