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 May 13, 2021, the CPSC announced the following recalls related to products that present fire hazards:

1. BRP Recalls Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he snowmobile’s muffler can overheat and cause the upper right-hand vent grill to melt and drip plastic on the exhaust, posing a fire hazard . . . .”
2. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he vehicles were manufactured without copper seal washers on the turbocharger’s oil supply line, which can result in an oil leak, posing a fire hazard.”