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 28, 2024, the CPSC issued a warning urging consumers to “immediately stop using Elide Fire Extinguishing Balls due to failure to extinguish fires and risk of serious injury or death.” According the CPSC, “the products can fail to effectively disperse fire retardant chemicals and fail to extinguish a fire.” Apparently, “Elide Fire USA has not agreed to recall these fire extinguishing balls 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: