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 September 15, 2021 and September 16, 2021, the CPSC announced the following recalls related to products that present fire hazards:

1. Gas One Recalls Propane Adapter Hoses Due to Fire Hazard. According to the CPSC, “[t]he hose can swell during use causing gas to leak, posing a fire hazard.”
2. Harbor Freight Tools Recalls to Repair Propane Portable Heaters Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he fitting at the back of the heater can fail to be sufficiently tight, causing the heater to leak propane gas, posing a fire hazard.”