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. The CPSC recently announced the following recalls related to products that present fire hazards:

1. Northern Lights Recalls Alaura Two-Tone Jar Candles Due to Laceration and Fire Hazards; Sold Exclusively at Costco (Recall Alert). According to the CPSC’s December 16, 2021, recall notice, “[t]he recalled jar candles can shatter, crack or break apart while burning, posing laceration and fire hazards.”
2. Royal Sovereign Recalls Portable Air Conditioners Due to Fire and Burn Hazards. According to the CPSC’s December 22 2021, recall notice, “[a] faulty drain motor in the air conditioners can ignite the plastic enclosure of the unit, posing fire and burn hazards to consumers and risk of serious injury or death.”
3. Pearl River Propane Hoses Sold with Flame King Torches and Accessories Recalled Due to Fire Hazard. According to the CPSC’s December 22, 2021, recall notice, “[t]he propane hose can swell and rupture, allowing propane gas to leak, posing a fire hazard to the user.”
4. Polaris Recalls Youth All-Terrain Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s January 6, 2022, recall notice, “[t]he inner layer of the fuel line can leak, posing a fire hazard.”