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 16, 2022 and March 17, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. RH Recalls Illuminated Mirrors Due to Fire and Shock Hazards. According to the CPSC’s website, “[t]here are loose components in the mirror’s bulb sockets, which can lead to overcurrent and overheating, posing fire and shock hazards.”
2. ToolGuards Portable Water Immersion Heaters Recalled Due to Shock, Electrocution and Fire Hazards; Imported by FXswede AB; Sold Exclusively at Amazon.com (Recall Alert). According to the CPSC’s website, “[t]he water immersion heater can overheat, melt or catch fire, posing shock, electrocution and fire hazards.”