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 December 21, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. DGL Group Recalls Hover-1 Helix Hoverboards Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled hoverboard’s lithium-ion battery can overheat, posing a fire hazard.”
2. Klein Tools Recalls Blackfire and Klein Tools Power Stations Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he top and bottom of the internal inverter boards of the power stations can overheat, posing fire and burn hazards.”