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. STIHL Incorporated Recalls Docking Stations Sold with STIHL iMOW Robotic Lawn Mowers Due to Fire Hazard. According to the CPSC’s website, “[t]he docking station’s printed circuit board can short circuit when exposed to moisture, posing a fire hazard.”
2. Polaris Recalls Sportsman All-Terrain Vehicles Due to Fire and Crash Hazards (Recall Alert). According to the CPSC’s website, “[a]n improperly assembled wiring harness can contact the brake line and/or vehicle frame during use which can result in a loss of the use of the front brakes and/or fire, posing fire and crash hazards.”
3. Sunbeam Heated Blankets Recalled Due to Burn and Fire Hazards; Distributed by Star Elite. According to the CPSC’s website, “[t]he recalled heated blankets can overheat, posing fire and burn hazards.”
4. Kawasaki Motors USA Recalls Engines Sold on Ferris and SCAG Riding Lawn Mowers Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he high-pressure fuel line can get damaged by contact with the fuel pump cover, causing a fuel leak that poses burn and fire hazards.”