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 August 15, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Trader Joe's Company Recalls Mango Tangerine Scented Candles Due to Fire Hazard. According to the CPSC’s website, “[t]he candle flame can spread from the wick to the wax causing a larger than expected flame, posing a fire hazard.”
2. IKEA Recalls VARMFRONT Power Banks Due to Fire Hazard. According to the CPSC’s website, “[t]he power banks can overheat, posing a fire hazard.”