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 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 November 2, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:
The recall involves 25, 30, 40, 50, 60, 65, 70, and 75-pint dehumidifiers with the following brand names: Airworks, Alen, Arcticaire, Arctic King, Beaumark, Coolworks, ComfortAire, Comfort Star, Continental Electic, Crosley, Daewoo, Danby, Danby & Designer, Dayton, Degree, Diplomat, Edgestar, Excell, Fellini, Forest Air, Frigidaire, GE, Grunaire, Hanover, Honeywell, Homestyles, Hyundai, Ideal Air, Kenmore (Canada), Keystone, Kul, Midea, Nantucket, Ocean Breeze, Pelonis, Perfect Aire, Perfect Home, Polar Wind, Premiere, Professional Series, Royal Sovereign, Simplicity, Sunbeam, SPT, Sylvania, TGM, Touch Point, Trutemp, Uberhaus, Westpointe, Winix, and Winixl.