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 14, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Generac Recalls Portable Generators Due to Serious Fire and Burn Hazards.

According to the CPSC’s website, “[t]he recalled generators’ fuel tank can fail to vent adequately from the rollover valve, causing the gas tank to build up excess pressure and expel fuel when opened, posing fire and burn hazards.”

Product images from the CPSC website are set forth below: