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 December 14, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Traeger Pellet Grills Recalls Flat Top Propane Grills Due to Fire Hazard. According to the CPSC’s website, “[t]he burner control knob can be incorrectly labeled, which can result in the grill being unintentionally left on, posing a fire hazard.”
2. Vornado Expands Recall to Include Additional 1.75 Million Steamfast Travel Steam Irons Due to Fire, Burn and Shock Hazards. According to the CPSC’s website, “[t]he power cord can become damaged near the cord bushing, which can lead to overheating of the cord, posing fire and burn hazards. In addition, cord damage near the bushing can result in exposed copper wires, posing a shock hazard.”