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 November 8, 2018, the CPSC announced the following recalls related to products that present fire hazards:
A.O. Smith Recalls Ultra-Low NOx Water Heaters Due to Fire Hazard;
A. O. Smith Recalls 30-Gallon Gas Water Heaters Due to Fire Hazard; Sold Exclusively at Lowe’s.