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 December 31, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Anticimex Recalls SMART Connect Mini Devices Due to Fire and Injury Hazards (Recall Alert).

According to the CPSC, “[t]he device’s power supply can overheat while charging, and cause the plastic enclosure to fly off, posing fire and injury hazards.”