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 April 22, 2021, the CPSC announced the following recalls related to products that present fire hazards:

1. Kawasaki USA Recalls Recreational Off-Highway Utility Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fuel pump retainer plate bolts can come loose causing fuel leakage over time, posing a fire hazard.”
2. Kawasaki USA Recalls All-Terrain Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fuel pump retainer plate bolts can come loose causing fuel leakage over time, posing a fire hazard.”