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 28, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Johnson Health Tech Recalls Matrix T1 and T3 Commercial Treadmills Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he power cord can become loose from the treadmill’s power socket, posing a fire hazard.”