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 22, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Lenovo Recalls USB-C Laptop Power Banks Due to Fire Hazard.

According to the CPSC’s website, “[t]he power bank’s internal screws can come loose, causing a short circuit and overheating of the lithium-ion battery, posing a fire hazard. Do not put lithium-ion batteries in the trash or battery recycling boxes found at various retail and home improvement stores. They can cause fires and explosions if they are damaged or crushed and are a hazard when thrown in the trash.”

Product images from the CPSC website are set forth below: