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 24, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[w]hen the charging cord is plugged into the device without the adapter and/or directly into the charging port on the machine, the battery can overheat and short circuit, posing burn and fire hazards.”
Product images from the CPSC website are set forth below:
