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 January 19, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Ross Stores Recalls Taylor and Finch Six-Wick Scented Candles Due to Fire and Injury Hazards. According to the CPSC’s website, “[t]he product can combust while lit causing the glass container to break, posing fire and injury hazards.”

2. Lifetime Brands Recalls Hot Chocolate Pots Due to Fire Hazard; Sold Exclusively at Williams-Sonoma. According to the CPSC’s website, “[t]he hot chocolate pots are mislabeled as microwave safe. If microwaved, the metallic paint on the pots can spark, posing a fire hazard.”

3. Vanessa Fire Tables Recalled Due to Fire Hazard; Imported by Ove Decors. According to the CPSC’s website, “[t]he gas hose can come into contact with the heat shield, melting the hose and igniting the fire table, posing a fire hazard.”