Product Recall

Consumer Product Safety Commission Recalls Electrostatic Sprayers and Cordless Kerosene Heaters

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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 3, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Victory Innovations Recalls Electrostatic Sprayers with Lithium-ion Battery Packs Due to Fire and Explosion Hazards. According to the CPSC, “[t]he sprayer’s rechargeable lithium-ion battery pack can overheat and melt, posing a risk of the product catching fire and/or exploding.”
  2. Enerco Group Recalls DeWALT Cordless Kerosene Heaters Due to Fire and Carbon Monoxide Poisoning Hazards. According to the CPSC, “[t]he heaters can re-start unexpectedly while in standby mode if the room temperature falls below the thermostat set point, posing fire and carbon monoxide poisoning hazards.”
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