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 December 15, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:
Hisun Motors Corp. U.S.A. Recalls 250cc Utility Vehicles Due to Fire Hazard; Sold Exclusively at Rural King.
According to the CPSC’s website, “[g]rass can accumulate on the under-side of the utility vehicle near the exhaust pipe, posing a fire hazard.”