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 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 29, 2016, the CPSC issued the following re-announced recall notice related to a product that presents a fire hazard:

Gree Re-announces Dehumidifier Recall Following 450 Fires and $19 Million in Property Damage; Brand Names Include Frigidaire, Soleus Air, Kenmore and Others