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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

1. Specialized Bicycle Components Recalls Electric Mountain Bike Battery Packs Due to Fire and Burn Hazards (Recall Alert). According to the CPSC, “[w]ater can penetrate the seal around the LED control pad on the bicycle’s lithium-ion battery pack and cause the battery to short circuit, posing fire and burn hazards.”
2. LG Energy Solution Michigan Recalls Home Energy Storage Batteries Due to Fire Hazard. According to the CPSC, “[t]he home batteries can overheat, posing a risk of fire and emission of harmful smoke.”
3. BRP Recalls Side-by-Side Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he stock CVT air intake can become completely obstructed with snow causing the drive belt to overheat and break, posing a fire hazard.”
4. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[a] raised edge on the machined surface of the turbocharger castings can result in an oil leak, posing a fire hazard.”