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 November 4, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Coulter Ventures Recalls Rogue Home Timers Due to Fire Hazard; Sold Exclusively at Rogue Fitness.

According to the CPSC, “[t]he lithium-ion battery inside the timer can burn due to overheating, posing a fire hazard.”