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 March 30, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Jetson Electric Bikes Recalls 42-Volt Rogue Self-Balancing Scooters/Hoverboards Due to Fire Hazard; Two Deaths Reported.

According to the CPSC’s website, “[t]he lithium-ion battery packs in the self-balancing scooters/hoverboards 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 March 30, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Higdon Outdoors Recalls Battery Packs on XS Series Motion Waterfowl Decoys and Replacement Battery Packs Due to Fire and/or Burn Hazards. According to the CPSC’s website, “[t]he recalled waterfowl decoys’ lithium-ion battery packs or replacement battery packs can overheat while charging or soon after charging, posing a fire and/or burn hazard.”
2. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he alternator can fail during operation, 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 February 23, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Two Million COSORI® Air Fryers Recalled by Atekcity Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[a] wire connection in the air fryers can overheat, posing fire and burn hazards.”
2. More than 1.2 Million Mainstays Three-Wick Candles Recalled by Star Soap Star Candle Prayer Candle Due to Fire and Laceration Hazards; Sold Exclusively at Walmart. According to the CPSC’s website, “[t]he candle wicks can burn too close to the side of the container, causing the glass to break, posing fire and laceration hazards.”

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.  Recently, the CPSC announced the following recalls related to products that present fire hazards:

1. Paradise Grills Recalls Outdoor Kitchens Due to Fire and Burn Hazards. According to the CPSC’s website, “[l]iquid propane (LP) gas can accumulate inside the closed lid and cabinets, causing an explosion when the user relights the grill, posing fire and burn hazards to the user.”
2. Textron Specialized Vehicles Recalls E-Z-GO PTVs Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he electronic board that powers the USB port can overheat and ignite adjacent components, posing a fire hazard.”
3. BRP Recalls Side-By-Side Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled vehicles can have a defective fuel hose assembly which could lead to a fuel leak, 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 January 19, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Ross Stores Recalls Taylor and Finch Six-Wick Scented Candles Due to Fire and Injury Hazards. According to the CPSC’s website, “[t]he product can combust while lit causing the glass container to break, posing fire and injury hazards.”

2. Lifetime Brands Recalls Hot Chocolate Pots Due to Fire Hazard; Sold Exclusively at Williams-Sonoma. According to the CPSC’s website, “[t]he hot chocolate pots are mislabeled as microwave safe. If microwaved, the metallic paint on the pots can spark, posing a fire hazard.”

3. Vanessa Fire Tables Recalled Due to Fire Hazard; Imported by Ove Decors. According to the CPSC’s website, “[t]he gas hose can come into contact with the heat shield, melting the hose and igniting the fire table, posing a fire hazard.”