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 January 16, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Lexmark International Recalls Specialty Printers Due to Fire Hazard. According to the CPSC’s website, “[a] metal part inside the printer can dislodge, posing a risk of fire.”
2. Three61 Recalls Samurai Mini Smoke Alarms Due to Failure to Alert Consumers to a Fire; Sold Exclusively by HSN. According to the CPSC’s website, “[t]he smoke alarms can malfunction and fail to alert consumers of a fire, posing a risk of smoke inhalation or death. Smoke sensitivity tests performed on the alarms by CPSC found that one of the detectors that was tested failed to alert when exposed to pre-determined concentrations of smoke.”
3. Vornado Air Recalls VH2 Whole Room Heaters Due to Electric Shock and Fire Hazards; Sold Exclusively on Amazon.com. According to the CPSC’s website, “[t]he power cord can partially detach from the heater enclosure which can lead to cord damage over time, posing electric shock and fire hazards.”