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 February 13, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Target Recalls Spritz™ Resin Hanukkah Dino Menorahs Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled resin menorahs can burn or catch fire when holding lit candles, posing a fire hazard.”
2. Rechargeable Portable Lamps with Lithium-Ion Batteries Recalled Due to Fire and Burn Hazards; Imported by BlockBlueLight. According to the CPSC’s website, “[t]he lithium-ion battery in the recalled portable lamps can overheat while charging, posing fire and burn hazards to consumers.”