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 April 4, 2024, the CPSC issued a warning urging consumers “to immediately stop using refillable fuel bottles sold by Shenzhen Pink Vine Technology.” The fuel bottles were sold Walmart.com. According the CPSC, the bottles “pose a risk of poisoning and burns to children due to lack of a child resistant closure” and “pose a flash fire hazard to all users due to lack of a flame mitigation device.” Apparently, “CPSC issued a Notice of Violation to the seller Shenzhen Pink Vine Technology Co. Ltd., of China, but the firm has not agreed to recall these fuel bottles 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: