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 16, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Gree Recalls 1.56 Million Dehumidifiers Due to Fire and Burn Hazards; Reports of At Least 23 Fires

According to the CPSC’s website, “[t]he dehumidifiers can overheat, smoke, and catch fire, posing fire and burn hazards to consumers.”

Product images from the CPSC website are set forth below: