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 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Brookstone Wireless Speakers Recalled Due to Fire Hazard.

According to the CPSC, “[t]he lithium ion batteries in the wireless speakers can overheat and catch fire, posing a fire hazard.”