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 December 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:
BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders Due to Fire and Laceration Hazards.
According to the CPSC’s website, “[t]he recalled blenders can overheat or catch fire and the blender blades can break off, posing fire and laceration hazards to consumers.”
Product images from the CPSC website are set forth below:
