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 September 3, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
CFMOTO Recalls Recreational Off-Highway Vehicles Due to Fire Hazard (Recall Alert).
According to the CPSC, “[t]he fuel line fitting on the vehicles can fail to securely lock onto the fuel injector inlet. This can allow fuel to spill onto the hot engine parts and ignite, posing a fire hazard.”