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 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers Due To Burn, Shock and Fire Hazard.

According to the CPSC, “[t]he vaporizers can overheat, and the vaporized materials can pose a burn risk if spilled or cause a fire if they fall onto a combustible surface.  The Deluxe model vaporizer also poses an electrical shock hazard if a consumer touches a small copper piece at the base of the vaporizer while in use.”