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 September 5, 2024, the CPSC issued a warning urging “consumers of micromobility products—including e-bikes, e-scooters, self-balancing scooters (hoverboards), and e-unicycles—not to use chargers that are marketed as “universal” or suitable with general categories of micromobility devices to avoid fires and injury or death, unless they have been tested and approved to work safely with your device.” According the CPSC, “[c]hargers marketed as “universal” or suitable for general categories of micromobility devices may fit into your device but still be incompatible with it.”

You can find out more information about the warning here.