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 October 23, 2023, the CPSC issued a warning urging consumers “about the risk of fire from Toos Elite 600-volt electric scooters.” According the CPSC, two people died in an apartment fire that local officials determined was caused by the lithium-ion battery in a Toos Elite 60-volt scooter. Apparently, “Toos Urban Ride has refused to conduct an acceptable recall with [the] CPSC.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below: