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 October 11, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures Due to Fire Hazard.

According to the CPSC, “[t]he batteries in the solar-powered light fixtures can overheat and cause the light fixture’s housing to melt, posing a fire hazard.”