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 April 21, 2022 and April 28, 2022, the CPSC announced the following recalls related to products that present fire hazards:
- Best Buy Recalls Insignia™ Air Fryers and Air Fryer Ovens Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he air fryers and air fryer ovens can overheat, posing fire and burn hazards.”
- Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[a]n incorrectly routed battery cable can contact the prop shaft during use, which can result in an electrical short, posing a fire hazard.”