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 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Yamaha Guitar Group Recalls Digital Wireless Equipment for Electric Guitars Due to Fire and Injury Hazards.

According to the CPSC, “[t]he lithium-ion battery can overheat and the battery cover can separate with force, posing fire and injury hazards.”