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 June 2, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

DEMDACO Recalls Microwavable Bowl Holders Due to Fire Hazard.

According to the CPSC’s website, “[t]he bowl holder’s fabric can char after being microwaved for the suggested three minutes, posing a fire hazard.”