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 August 15, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Xtava Recalls Allure Hair Dryers Due to Fire, Burn and Electrical Shock Hazards.

According to the CPSC, “[t]he hair dryer and power cord can overheat and catch on fire, posing fire, burn and electrical shock hazards.”