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 February 29, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:
The Home Appliances Recalls Camplux Brand Portable Tankless Water Heaters Due to Fire Hazard
According to the CPSC’s website, “[t]he portable water heaters can leak gas from the gas regulator connection, posing a fire hazard.”
Product images from the CPSC website are set forth below:
