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 May 6, 2021, the CPSC announced the following recall related to a product that presents a fire-related risk:

Kidde Recalls TruSense Smoke and Combination Smoke/Carbon Monoxide Alarms Due to Risk of Failure to Alert Consumers to a Fire.

According to the CPSC, “[t]he smoke alarm and the combination smoke/carbon monoxide (CO) alarm can fail to alert consumers to a fire.”