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 November 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Goodman Manufacturing Company Recalls Evaporator Coil Drain Pans Installed with Condensing Gas Furnaces Due to Fire Hazard.

According to the CPSC’s website, “[t]he molded plastic drain pan located at the bottom of the evaporator coil, when installed with a residential condensing gas furnace in an up-flow configuration, can overheat, melt, and deform, posing a fire hazard.”