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 March 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Oil Leak, Fire Hazard.

According to the CPSC, “[d]ebris can ignite on the vehicle’s exhaust manifold; and frozen water can block the breather hose allowing oil to leak, posing a fire hazard.”