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 November 26, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Recalls Portable Generators Due to Fire and Burn Hazards.

According to the CPSC, “[t]he portable generator’s fuel tank can leak gasoline, posing fire and burn hazards.”