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 15, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. E-Bikes Recalled Due to Fire and Burn Hazards; Distributed by Gyroor (Recall Alert). According to the CPSC’s website, “[t]he e-bike’s battery pack can ignite, posing fire and burn hazards.”
2. Advantage Sales & Marketing Recalls Good Matters Three-Wick Candles Due to Fire and Laceration Hazards. According to the CPSC’s website, “[t]he candles can burn at higher than usual temperatures causing the jars to break, posing fire and laceration injury hazards.”
3. ESS Universal USA Recalls Mattresses Due to Violation of Federal Flammability Standard for Mattresses; Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.”