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 April 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Johnson Health Tech North America Expands Recall of Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he power cord can become loose from the treadmill’s power socket, posing a fire hazard.”
2. Innovative Bedding Solutions and SBL Recall GhostBed Natural Mattresses Due to Fire Hazard; Violation of Federal Mattress Flammability Regulation. According to the CPSC’s website, “[t]he mattresses violate the smoldering ignition requirements of the federal mattress flammability regulation, posing a fire hazard.”
3. Touchat Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Touchat. According to the CPSC’s website, “[t]he recalled area rugs violate the mandatory federal flammability regulations for carpets and rugs, posing a fire hazard.”
4. Yoto Recalls Yoto Mini Speakers for Children Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he speaker’s lithium-ion battery can overheat and catch fire, posing burn and fire hazards to consumers.”