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 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Edwards Recalls Mechanical Heat Detectors Due to Failure to Alert to Fire.

According to the CPSC, “[t]he recalled heat detectors can fail to activate in reaction to rising temperatures, posing a risk of failure to alert consumers to a fire.”