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 December 6, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

WilliamsRDM Recalls Cooktop Fire Suppressors Due to Risk of Failure to Activate and Suppress Fires.

According to the CPSC, “[t]he StoveTop FireStop (STFS) Rangehood and Microhood Automatic Cooktop Fire Suppressors can fail to activate the sealed openings that allow the suppressant powder to feed out of the canister and suppress the fire.”