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 27, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Vornado Recalls Steamfast and Brookstone Travel Steam Irons Due to Fire, Burn and Shock Hazards.

According to the CPSC’s website, “[t]he power cord can become damaged near the cord bushing, which can lead to overheating of the cord, posing fire and burn hazards. In addition, cord damage near the bushing can result in exposed copper wires, posing a shock hazard.”

Product images from the CPSC website are set forth below: