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 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 May 26, 2016, the CPSC issued the following recall notices related to products that present fire hazards:

Rheem Recalls to Repair Water Heaters Due to Fire and Burn Hazards; Sold Exclusively at Home Depot

http://www.cpsc.gov/en/Recalls/2016/Rheem-Recalls-to-Repair-Water-Heaters/

Hollander Sleep Products Recalls Mattress Pads Due to Violation of Federal Flammability Standard; Sold Exclusively at Bed Bath & Beyond

http://www.cpsc.gov/en/Recalls/2016/Hollander-Sleep-Products-Recalls-Mattress-Pads/