The Subrogation Strategist

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 April 21, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Elite Comfort Solutions Recalls Nectar® Premier Mattresses Due to Failure to Meet Federal Flammability Standard; Sold Exclusively at NectarSleep.com (Recall Alert). According to the CPSC’s website, “[t]he recalled mattresses failed to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”

1. Best Buy Recalls Insignia™ Air Fryers and Air Fryer Ovens Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he air fryers and air fryer ovens can overheat, posing fire and burn hazards.”

1. MWA Recalls LUXE+WILLOW Heated Blankets Due to Burn and Fire Hazards. According to the CPSC’s website, “[t]he blanket can overheat if left plugged in and powered on for an extended period of time, posing fire and burn hazards.”