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 July 25, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Ophanie Area Rugs Recalled Due to Fire Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by Ophanie. 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.”
2. Kawasaki USA Recalls Mule PRO 1000 Off-Highway Utility Vehicles Due to Fire Hazard. According to the CPSC’s website, “[w]hen starting the engine, improper combustion can occur, posing a fire hazard.”