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 November 9, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Twin-Star International Recalls Infrared Quartz Electric Fireplaces Due to Fire Hazard; Sold Exclusively at Lowe’s. According to the CPSC’s website, “[t]he electric fireplaces can overheat, posing a fire hazard.”
2. Magnolia Market Recalls 3-Wick Glass Candles Due to Fire and Laceration Hazards (Recall Alert). According to the CPSC’s website, “[t]he recalled Magnolia 3-wick candles were manufactured with the incorrect wax, which can cause excessive flames on the wicks and cause the glass candle containers to break, posing fire and laceration hazards.”
3. Polaris Recalls RANGER Off-Road Vehicles Due to Fire and Crash Hazards (Recall Alert). According to the CPSC’s website, “[a]n improperly installed center brake line can cause the rear brake circuit to remain pressurized during operation, resulting in overheated brakes and reduced braking performance, posing fire and crash hazards.”
4. DR Power Equipment Recalls Tow-Behind Field & Brush Mowers Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he exhaust pipe can break and cause damage to the unit due to excessive heat, especially in the presence of dry cuttings or spilled fuel, posing fire and burn hazards.”