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 April 28, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Pool Heaters Recalled by Pentair Water Pool and Spa Due to Fire Hazard.

According to the CPSC, “[a] connection in the heater can leak the combustible air-gas mixture, posing a fire hazard.”