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 May 23, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kohler Recalls Automatic Transfer Switches for Kohler Generators Due to Fire Hazard.

According to the CPSC, this recall involves Kohler 100-amp service entrance rated automatic transfer switches used with Kohler brand residential and commercial generators.