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 August 25, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Razor USA Recalls GLW Battery Packs Sold with Hovertrax 2.0 Self-Balancing Hoverboards Due to Fire Hazard.

According to the CPSC, “[t]he lithium-ion GLW battery packs in the self-balancing scooters/hoverboards can overheat, posing a risk of the products smoking, catching fire and/or exploding.”