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 January 26, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Eguana Technologies Recalls Evolve Home Energy Storage Systems with LG Battery Due to Fire Hazard.

According to the CPSC’s website, “[t]he lithium-ion battery modules within the Evolve Home Energy Storage Systems can overheat, posing a fire hazard.”