In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control.  On August 24, 2023, the CPSC issued a warning urging consumers to “immediately stop using certain Classic Brands Holdings LLC Cool Gel Ventilated Memory Foam mattresses.”  According the CPSC, “[t]he mattresses pose a fire hazard and fail to meet the mandatory federal flammability standard for mattresses.”  Apparently, the importer, Classic Brands Holdings LLC, is going out of business and is unable to conduct a recall.

You can find out more information about the warning here.

Product images from the CPSC website are set forth below: