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 August 3, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Crate & Barrel Recalls Table Lamps Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[a] loose electrical cord connection in the lamps can pose a fire hazard.”
2. Daikin Comfort Technologies Recalls Amana Packaged Terminal Air Conditioners and Heat Pumps Due to Burn and Fire Hazards (Recall Alert). According to the CPSC’s website, “[t]he DigiAir module compressor can overheat, posing burn and fire hazards.”
3. American Honda Recalls Portable Generators Due to Fire Hazard. According to the CPSC’s website, “[t]he fuel filler cap can improperly seal, resulting in fuel and/or fuel vapor leaking, posing a fire hazard.”