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 10, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Kohl’s Recalls Three-Wick SONOMA Goods For Life Branded Candles Due to Fire and Burn Hazards.

According to the CPSC, “[t]he candle’s high flames can ignite the surface of the wax or cause the glass to break, posing fire and burn hazards.”