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 5, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Scott Fetzer Consumer Brands Recalls Multi-Use Water Pumps Due to Fire and Shock Hazards.

According to the CPSC, “[i]f water gets into the electrical circuit board, it can short circuit, posing fire, burn and electrical shock hazards.”