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 31, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Electrolux Group Recalls Frigidaire Gas Cooktops Due to Risk of Gas Leak, Fire Hazard. According to the CPSC’s website, “[p]lastic control knobs with a black shaft on the cooktop can crack or break during use, posing a risk of gas leak, fire hazard.”
2. Bombardier Recreational Products (BRP) Recalls Ski-Doo and Lynx Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he main injector fuel return hose can leak, posing a fire hazard. This can also result in serious property damage, injuries or even death.”