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 January 18, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”
Product images from the CPSC website are set forth below:
