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 July 27, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. True Fitness Recalls Showrunner II Consoles Sold with Fitness Equipment Due to Fire Hazard. According to the CPSC’s website, “[a]n exposed area of the wireless charging board can come in contact with other internal wiring, posing a fire hazard.”
2. GAF Energy Recalls Timberline Solar Energy Shingles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he electrical components in the solar energy shingles can malfunction, posing a fire hazard.”