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 2, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. True Manufacturing Recalls Commercial Refrigerators with Secop Compressors Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled commercial refrigerators with Secop Compressors can fail in a manner causing the compressor to overheat, posing a fire hazard.”
2. Polaris Recalls Prostar S4 Titan Adventure Snowmobiles Due to Fire Hazard. According to the CPSC’s website, “[t]he snowmobile can leak fuel at the pump flange assembly, posing a fire hazard and risk of serious injury to the rider or passenger.”