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 August 27, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:
At Home Recalls Shag Rugs Due to Violation of Federal Flammability Standard; Fire Hazard.
The CPSC posted the following information about the hazard:
The recalled large shag rugs fail to meet the federal flammability standard for carpets and rugs, posing a fire hazard. The small shag rugs fail to meet federal labeling requirements. Small rugs are not required to meet the federal flammability standard; however, they are required to be permanently labeled with the following statement: “FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70): SHOULD NOT BE USED NEAR SOURCES OF IGNITION.”