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 February 23, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

TJX Recalls Menorahs Due to Fire Hazard; Sold at Marshalls, HomeGoods and Homesense Stores.

According to the CPSC’s website, “[t]he resin and medium-density fiberboard (“MDF”) menorahs can burn or catch fire when holding lit candles, posing a fire hazard.”