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 April 13, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Moen Recalls Flo Battery Back-Ups for Flo Smart Water Monitors Due to Fire Hazard.

According to the CPSC’s website, “[t]he lithium-ion battery back-up can overheat, posing a fire hazard.”

A product image from the CPSC website is set forth below: