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 November 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Industries Recalls MATRYX, AXYS and Pro-Ride Snowmobiles Due to Fire Hazard (Recall Alert)

According to the CPSC’s website, “electrostatic discharge inside the fuel tank can cause vapors to ignite during operation and the tank to burst, posing a fire hazard.”