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 February 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Husqvarna Recalls All-Wheel Drive Robotic Lawnmowers Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he lithium-ion battery in the lawnmower can overheat, posing a risk of fire.”