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 March 14, 2019, the CPSC announced the following recalls related to products that present fire hazards:
Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Fuel Leak, Fire Hazards;
Brush Art Recalls WIC Nutrition Plates Due to Fire Hazard; and
Tech Gear 5.7 Recalls Performance Heated Socks Due to Fire and Burn Hazards.