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 August 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
Intertex Recalls Blowers Due To Fire Hazard.
According to the CPSC, “[t]he utility outlets on the side of the blowers are not protected by a circuit breaker. If the outlet becomes overloaded or short-circuited, it could overheat, posing a fire hazard.”