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 April 2, 2019, the CPSC announced the following recalls related to products that present fire hazards:

1. Southern Motion Recalls “Wireless Power” Reclining Furniture Due to Fire Hazard. According to the CPSC, “[t]he lithium-ion batteries used to power the “Wireless Power” reclining furniture can overheat, posing a fire hazard.”
2. Stelpro Design Recalls Sonoma Wall Fan Heaters Due to Fire Hazard. According to the CPSC, “[a]n internal part of the heater fails to meet flammability performance requirements, posing a fire hazard.”