Not really, they should have an E&O policy or a specific rider for product defects that should cover the cost.
Of course, if it's 11 defects out of 100K, I don't think that would qualify for recall action?
Now the sticky part is this: BB has been made aware of the issue, there is a video about it. And there is this thread and they claim to have done their investigations to understand the risk. If they knowingly hide the risk, and someone gets hurt, I can only imagine how this will turn out for them in court.