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 March 3, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

BRP Recalls Snowmobiles Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[f]uel can leak from the fuel tank vent onto hot components when the snowmobiles are on a tilt or flipped over, posing a fire hazard.”