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 December 8, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Cordless Window Shades Battery Packs Recalled Due to Fire Hazard; Manufactured by Ningbo Dooya Mechanic & Electronic Technology Co. According to the CPSC’s website, “[t]he battery packs can overheat, posing a fire hazard.”
2. 3M Recalls Scotch™ Thermal Laminators Due to Fire Hazard. According to the CPSC’s website, “[a] safety feature can malfunction if the laminator overheats, posing a fire hazard.”