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 March 9, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Fantasia Trading Recalls Anker Power Banks Due to Fire Hazard | CPSC.gov. According to the CPSC’s website, “[t]he lithium-ion batteries in the recalled power banks can overheat, posing a fire hazard.”
2. Monoprice Recalls Pure Outdoor Cooking System Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he insulation coating on the stove can ignite during use, posing a fire hazard.”
3. Bedshe International Recalls Bedsure Electric Heating Blankets and Pads Due to Fire and Thermal Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he controller for the electric heating blankets and pads can malfunction, posing fire and thermal burn hazards.”
4. Vornado Air Recalls Portable SRTH Small Room Tower Heaters Due to Fire Hazard. According to the CPSC’s website, “[t]he heaters have a miswiring due to a manufacturing error which can cause the tower heater to overheat, posing a fire hazard.”