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 March 7, 2024, the CPSC issued a warning urging consumers to “Immediately Stop Using EVERCROSS EV5 Hoverboards Due to Fire Hazard; Sold on Amazon.com and Walmart.com.” According the CPSC, it “has received one report of a fire, resulting in substantial property damage to a residential building in New York City.” Apparently, “EVERCROSS has not agreed to recall these hoverboards or offer a remedy to consumers.”

You can find out more information about the warning here.

Product images from the CPSC website are set forth below: