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 February 10, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Shop LC Recalls Electric Space Heaters Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he electric space heaters can overheat, posing fire and burn hazards.”

2. Serta Recalls Mattresses Due to Violation of Federal Mattress Flammability Standard and Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”