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 June 22, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Research Products Recalls Steam Humidifiers Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled steam humidifiers containing a specific type of electrode wire with a “D” shaped connector can loosen causing arcing and/or overheating, posing a fire hazard to consumers.”
2. Boost The Mood Ceramic Mugs Recalled by Michael Giordano International Due to Fire Hazard. According to the CPSC’s website, “[t]he ceramic mugs are mislabeled as microwave safe. If microwaved, the metallic print on the mug can spark, posing a fire hazard.”