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 August 4, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Two Million Dehumidifiers With Well-Known Brand Names Recalled Due to Fire and Burn Hazards; Manufactured by New Widetech.

The brands recalled included identified dehumidifiers manufactured under the brand names:  AeonAir, Amana, ArticAir (Danby), Classic (Danby/ Home Hardware Stores), Commercial Cool, Danby, Danby Designer, Danby Premiere, De’Longhi, Edgestar, Friedrich, Generations (Danby), Haier, Honeywell (JMATEK / AirTek, Idylis, Ivation, Perfect Aire, SuperClima, Whirlpool and Whynter.

According to the CPSC, “[t]he recalled dehumidifiers can overheat and catch fire, posing fire and burn hazards.”