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 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:
Secura Recalls Air Fryers Due to Fire and Burn Hazards (Recall Alert)
According to the CPSC’s website, “[a] wire connection in the air fryer can overheat, posing fire and burn hazards.”
Product images from the CPSC website are set forth below:
