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 September 29, 2022, the CPSC announced the following recalls related to products that present fire hazards:
- Hyper Products Recalls HyperJuice USB-C Battery Packs Due to Fire Hazard. According to the CPSC’s website, “[t]he battery pack can overheat while charging, posing a fire hazard to consumers.”
- Hyper Products Recalls HyperJuice Stackable GaN USB-C Chargers Due to Fire Hazard. According to the CPSC’s website, “[t]he chargers can overheat, posing a fire hazard to consumers.”