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 October 6, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Target Recalls Tea Kettles Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he paint can chip on the bottom of the recalled kettles, posing a fire hazard. In addition, the handle can break and/or the spout can leak, posing a risk of burn injuries.”

2. Katadyn North America Recalls Optimus Gemini Portable Gas Stoves Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled stove’s gas regulator can have a tear in the seal causing a gas leak, posing a fire hazard.”