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 27, 2025, the CPSC announced the following recall related to a product that presents a fire hazard:

APOTHEKE Recalls Pumpkin Ginger 3-Wick Scented Candles Due to Fire, Burn and Laceration Hazards; Sold Exclusively at Crate & Barrel.

According to the CPSC’s website, “[t]he flame can burn too high and cause the candle to ignite and the glass container to break, posing fire, burn and laceration hazards.”

Product images from the CPSC website are set forth below: