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

1. Meijer Recalls Konwin Desktop Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he heater’s fan can fail to turn on and cause the unit to overheat and ignite, posing fire and burn hazards.”
2. Sublue Recalls Lithium-Ion Batteries Sold for Sublue Mix Underwater Scooters Due to Fire Hazard. According to the CPSC’s website, “[t]he lithium-ion batteries can overheat and ignite, posing a fire hazard to consumers.”