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 21, 2021, the CPSC announced the following recalls related to products that present fire hazards:

1. American Outdoor Brands Recalls Caldwell Earmuffs with Rechargeable Lithium-Battery Packs Due to Fire and Burn Hazards. According to the CPSC, “[t]he soldering within the lithium-battery pack housing can allow the wiring to detach and cause the unit to overheat, posing fire and burn hazards.”
2. Rite Aid Recalls Rechargeable Handheld Fans Due to Fire Hazard. According to the CPSC, “[t]he fan’s lithium ion battery can overheat while charging, posing a fire hazard.”