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 June 16, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Sienhua Group Recalls WarmWave and Hunter Ceramic Tower Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ceramic tower heater’s cord and plug can overheat when in use, posing fire and burn hazards.”

1. Schneider ElectricTM Recalls 1.4 Million Electrical Panels Due to Thermal Burn and Fire Hazards. According to the CPSC’s website, “[t]he load center can overheat, posing thermal burn and fire hazards.”