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 January 6, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Massimo Motor Sports Recalls Percussion Massage Guns Due to Fire Hazard; Sold Exclusively at Costco.

According to the CPSC, “[t]he lithium-ion battery system can overheat, posing a fire hazard.”