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 June 16, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Cove Appliance Recalls Dishwashers Due to Fire Hazard.

According to the CPSC, “[t]he heating element in the dishwasher can fail to properly shut off and can overheat, posing a fire hazard.”