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 December 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Bunkhouse and Lotsa LITES! Mini String Lights Recalled Due to Burn and Fire Hazards; Imported by DM Merchandising (Recall Alert). According to the CPSC’s website, “[t]he bulbs can overheat when the string lights are plugged directly into an outlet, presenting burn and fire hazards.”
2. Segway Powersports Recalls 2022 Fugleman UT10E and UT10X Utility-Terrain Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he ignition coil can fail to ignite one of the engine cylinders, allowing uncombusted fuel to enter the exhaust pipe where it could ignite, posing a fire hazard.”
3. Nap Queen Maxima Hybrid Mattresses Recalled by Adven Group Due to Fire Hazard; Violation of Federal Flammability Standard. According to the CPSC’s website, “[t]he mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”