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 September 7, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Whirlpool Recalls Stacked Commercial Clothes Dryers Sold Under the ADC Brand Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he recalled clothes dryers can overheat and ignite the clothes load, posing a fire hazard.
2. Engineered Controls International Recalls LP Gas Compact Regulators Due to Fire Hazard. According to the CPSC’s website, “[t]he regulators could leak gas, posing a fire hazard.”
3. ARGO Recalls ARGO Xplorer All-Terrain Vehicles (ATVs) Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[i]ncorrectly installed check valves and vent hoses can lead to fuel overflow, posing a fire hazard.”