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 10, 2023, the CPSC announced the following recalls related to products that present fire hazards:
- Polaris Recalls RZR XP Turbo and Turbo S Recreational Off-Road Vehicles Due to Fire and Injury Hazards (Recall Alert). According to the CPSC’s website, “[t]he vehicle’s clutch can fracture, causing fragments to be ejected from the vehicle, posing fire and injury hazards.”
- Recall of Polaris Off-Road Vehicles, Bobcat Utility Vehicles, Gravely Utility Vehicles, and Fuel Pump Kits and Fuel Tank Assemblies Due to Fire Hazard. According to the CPSC’s website, “[a] fuel leak can occur at the fuel pump outlet connector on the fuel tank near a hot surface, posing a fire hazard.”