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 August 18, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[a] capacitor on the motherboard was installed in a reverse position which can lead to a short circuit, overheating or melting, posing fire and burn hazards.”