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 May 4, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Berkshire Innovations Recalls Sahara Folding Food Dehydrators Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he heater fan can fail and cause the components to overheat, posing a fire hazard.”

1. Polaris Recalls MATRYX RMK KHAOS and PRO Snowmobiles Due to Fire Injury Hazard (Recall Alert). According to the CPSC’s website, “[w]hen the rider engages the throttle and brake (including the parking brake) simultaneously on the recalled snowmobiles, the brake system can overheat in the caliper/pad/brake rotor area, posing a fire hazard and risk of burn injuries to the rider.”