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 February 23, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Two Million COSORI® Air Fryers Recalled by Atekcity Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[a] wire connection in the air fryers can overheat, posing fire and burn hazards.”
2. More than 1.2 Million Mainstays Three-Wick Candles Recalled by Star Soap Star Candle Prayer Candle Due to Fire and Laceration Hazards; Sold Exclusively at Walmart. According to the CPSC’s website, “[t]he candle wicks can burn too close to the side of the container, causing the glass to break, posing fire and laceration hazards.”