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 28, 2021, the CPSC, PTAC Crew and PTAC USA warned consumers regarding units that PTAC Crew and PTAC USA refurbished and resold after they were previously recalled between 2004 and 2018. The recall relates to packaged terminal air conditioner (PTAC), packaged terminal heat pump (PTHP) and room air conditioner (RAC) units. You can find the full details of the recall at the link below:

Recalled Products Sold by PTAC Crew and PTAC USA After Recalls Were Announced.

According to the CPSC, “[h]azards include fire and/or burn depending on the product.”