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 October 26, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:
According to the CPSC’s website, “[t]he fuel tube could have been damaged due to improper workmanship while removing the fuel tube for repair, which could cause a fuel leak, posing fire and burn hazards.”