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 June 8, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Ashley Furniture Industries Recalls Party Time Power Loveseats, Sofas and Recliners Due to Fire Hazard. According to the CPSC’s website, “[t]he power loveseats, sofas, and recliners’ cupholder with LED lighting can overheat, posing a fire hazard.”
2. John Deere Recalls XUV590 Gator Utility Vehicles Due to Fire Hazard (Recall Alert).  According to the CPSC’s website, “[f]uel can leak from under the fuel cap, posing a fire hazard.”