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 January 25, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Pacific Cycle Recalls E-Bikes Due to Fire Hazard

According to the CPSC’s website, “[t]he wiring harness that manages the charging of the lithium-ion battery was not properly assembled, creating a risk of overheating and fire while charging.”

Product images from the CPSC website are set forth below: