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 July 15, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Real Flame Recalls Arroyo and Hideaway Wood Burning Fire Pits Due to Fire Hazard; Sold Exclusively at Crate and Barrel (Recall Alert).

According to the CPSC, “[w]ood stored under the unit can ignite, posing a fire hazard.”