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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

1. LG Energy Solution Michigan Recalls Home Energy Storage Batteries Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he home solar panel batteries can overheat, posing a risk of fire and emission of harmful smoke.”
2. Power Plus Recalls Tora Portable Power Charging Stations Due to Fire and Explosion Hazards. According to the CPSC’s website, “[t]he lithium-ion battery in the recalled portable power charging stations can catch on fire while charging, posing fire and explosion hazards.”