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 August 31, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Electrolux Group Recalls Frigidaire Gas Cooktops Due to Risk of Gas Leak, Fire Hazard. According to the CPSC’s website, “[p]lastic control knobs with a black shaft on the cooktop can crack or break during use, posing a risk of gas leak, fire hazard.”
2. Bombardier Recreational Products (BRP) Recalls Ski-Doo and Lynx Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he main injector fuel return hose can leak, posing a fire hazard. This can also result in serious property damage, injuries or even death.”

The Consumer Product Safety Commission (CPSC) recently announced that Whirlpool Corporation agreed to pay an $11,500,000 civil penalty associated with the CPSC’s charges that Whirlpool knowingly failed to immediately report to the CPSC – as required by law – that 17 models of Whirlpool’s JennAir, KitchenAid and Whirlpool brand electric radiant heat cooktops contained a defect that created an unreasonable risk of serious injury. The CSPC commissioners involved in the matter unanimously agreed to provisionally accept the settlement agreement, subject to public comment.

The CPSC announcement indicated that between November 2017 and into 2019, despite possessing information that reasonably supported the conclusion that the cooktops were defective, Whirlpool did not immediately report the problem to the CPSC. By the time Whirlpool initially reported the issue to the CPSC, “Whirlpool had received at least 157 reports of the cooktops turning on by themselves, including 14 reports of property damage, four reports of objects igniting, and two reports of minor burns.” Whirlpool and the CPSC made a joint announcement recalling the cooktops on August 28, 2019.

If you are involved with a property damage claim associated with a cooktop inadvertently activating, you should consider contacting a subrogation professional to determine whether the product activated because of a product defect, an installation error or due to another factor, such operator error. Our attorneys and nationwide network of experts can assist you with making that determination.

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 August 24, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Aiper Elite Pro Cordless Robotic Pool Vacuum Cleaners Recalled Due to Burn and Fire Hazards; Distributed by Shenzhen Aiper Intelligent Co. (Recall Alert).

According to the CPSC’s website, “[w]hen the charging cord is plugged into the device without the adapter and/or directly into the charging port on the machine, the battery can overheat and short circuit, posing burn and fire hazards.”

Product images from the CPSC website are set forth below:

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 August 16, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Gree Recalls 1.56 Million Dehumidifiers Due to Fire and Burn Hazards; Reports of At Least 23 Fires

According to the CPSC’s website, “[t]he dehumidifiers can overheat, smoke, and catch fire, posing fire and burn hazards to consumers.”

Product images from the CPSC website are set forth below:

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 August 17, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Costco Recalls Ubio Labs Power Banks Due to Fire Hazard; Caught Fire on Commercial Flight (Recall Alert)

According to the CPSC’s website, “[t]he recalled power banks can overheat and ignite, posing a fire hazard.”

Product images from the CPSC website are set forth below:

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 August 10, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Polaris Recalls RZR XP Turbo and Turbo S Recreational Off-Road Vehicles Due to Fire and Injury Hazards (Recall Alert). According to the CPSC’s website, “[t]he vehicle’s clutch can fracture, causing fragments to be ejected from the vehicle, posing fire and injury hazards.”

2. Recall of Polaris Off-Road Vehicles, Bobcat Utility Vehicles, Gravely Utility Vehicles, and Fuel Pump Kits and Fuel Tank Assemblies Due to Fire Hazard. According to the CPSC’s website, “[a] fuel leak can occur at the fuel pump outlet connector on the fuel tank near a hot surface, posing a fire hazard.”

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 August 3, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Crate & Barrel Recalls Table Lamps Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[a] loose electrical cord connection in the lamps can pose a fire hazard.”
2. Daikin Comfort Technologies Recalls Amana Packaged Terminal Air Conditioners and Heat Pumps Due to Burn and Fire Hazards (Recall Alert). According to the CPSC’s website, “[t]he DigiAir module compressor can overheat, posing burn and fire hazards.”
3. American Honda Recalls Portable Generators Due to Fire Hazard. According to the CPSC’s website, “[t]he fuel filler cap can improperly seal, resulting in fuel and/or fuel vapor leaking, posing a fire hazard.”

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 July 27, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. True Fitness Recalls Showrunner II Consoles Sold with Fitness Equipment Due to Fire Hazard. According to the CPSC’s website, “[a]n exposed area of the wireless charging board can come in contact with other internal wiring, posing a fire hazard.”
2. GAF Energy Recalls Timberline Solar Energy Shingles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he electrical components in the solar energy shingles can malfunction, posing a fire hazard.”