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 20, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. OdorStop Recalls Boot and Shoe Dryers and Deodorizers Due to Fire Hazard. According to the CPSC’s website, “[t]he heat or ozone on-off switch can short circuit, resulting in arcing, posing a fire hazard.”
2. SuperATV Recalls Carrier Bearings for Polaris RZR XP and Turbo S Recreational Off Highway Vehicles Due to Fire and Burn Hazards. According to the CPSC’s website, “[w]hen the recalled carrier bearings are installed in a Polaris RZR XP Turbo or Turbo S vehicle and the fuel tank expands, the drive shaft can come in contact with the fuel tank, causing the tank to develop a hole or crack. This can cause the fuel tank to leak gasoline, posing fire and burn hazards.”
3. Walmart Recalls Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooters with Lithium-Ion Batteries Due to Fire and Burn Hazards; Risk of Serious Injury and Death. According to the CPSC’s website, “[t]he electric scooters’ lithium-ion batteries can overheat, smoke, melt and ignite, posing fire and burn hazards, posing a risk of serious injury and death.”