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 February 7, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Delta Electronics Recalls Solar Inverters Due to Fire and Impact Hazards.

According to the CPSC, “[t]he capacitors can fail and allow heat to build up and the cover can eject with force from the unit, posing fire and impact hazards.”