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 may help to establish that the product was defective when it left the manufacturer’s possession and control. Despite the partial government shutdown, on January 19, 2019, TJX has announced a recall of its Aroma Home USB Heated Hottie Heating Pad. TJX announced the recall because the “heating pads can overheat during use, posing fire and burn hazards.”

To find out more about the recall, go to this website.