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 April 3, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Honda Recalls Accessory Heaters for Side-by-Side Vehicles Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled accessory heaters can overheat and catch fire, posing fire and burn hazards to consumers.”
2. Five Below Recalls Room2Room LED Iridescent Bear Lights Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he power switch on the USB cord can overheat and melt, posing fire and burn hazards.”
3. Enerco Recalls DEWALT 70,000 BTU Outdoor Portable Cordless Forced Air Propane Heaters Due to Fire and Burn Hazards; Sold Exclusively at Lowe’s. According to the CPSC’s website, “[t]he recalled portable heaters’ operating instructions can cause consumers to incorrectly depress the start button too quickly and prevent the fan from starting, causing the heaters to overheat, posing fire and burn hazards.”