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 May 5, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:
Santa Cruz Bicycles Recalls Heckler 9 Electric Bicycles Due to Fall and Fire Hazards.
According to the CPSC’s website, “[t]he latch mechanism that holds the battery in place can malfunction, causing the battery to dislodge from the frame and fall to the ground, posing a fall hazard to the rider. Additionally, the latch spring can cause additional wear on the battery housing over time, posing a fire hazard.”