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 November 10, 2020, and November 12, 2020, the CPSC announced the following recalls related to products that present fire hazards:

1. Fire Pit Tables Sold Exclusively at Big Lots Recalled Due to Fire Hazard; Manufactured by Sunjoy. According to the CPSC, “[a]n incorrectly installed burner kit hose can melt and ignite, posing a fire hazard.”
2. InvoSpa Recalls Heated Blankets Due to Fire and Burn Hazards; Sold Exclusively at Amazon.com (Recall Alert). According to the CPSC, “[t]he recalled blankets can overheat, posing fire and burn hazards.”