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 October 5, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Russound Recalls MCA-88 Multizone Controller Amplifiers Due to Fire Hazard.

According to the CPSC’s website, “[t]he internal circuit board components can overheat, 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 September 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Secura Recalls Air Fryers Due to Fire and Burn Hazards (Recall Alert)

According to the CPSC’s website, “[a] wire connection in the air fryer can overheat, posing fire and burn 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 September 14, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Generac Recalls Portable Generators Due to Serious Fire and Burn Hazards.

According to the CPSC’s website, “[t]he recalled generators’ fuel tank can fail to vent adequately from the rollover valve, causing the gas tank to build up excess pressure and expel fuel when opened, posing fire and burn 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 September 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Whirlpool Recalls Stacked Commercial Clothes Dryers Sold Under the ADC Brand Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled clothes dryers can overheat and ignite the clothes load, posing a fire hazard.
2. Engineered Controls International Recalls LP Gas Compact Regulators Due to Fire Hazard. According to the CPSC’s website, “[t]he regulators could leak gas, posing a fire hazard.”
3. ARGO Recalls ARGO Xplorer All-Terrain Vehicles (ATVs) Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[i]ncorrectly installed check valves and vent hoses can lead to fuel overflow, 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 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.