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 March 7, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Anker EverFrost Lithium-Ion Battery Powered Coolers Recalled Due to Battery Fire Hazard; Manufactured by Anker Innovations. According to the CPSC’s website, “[t]he lithium-ion batteries in the Anker EverFrost Coolers can overheat, posing a fire hazard.”
2. Sleep Technologies Recalls Eco Terra Mattresses Due to Fire Hazard; Violation of Federal Mattress Flammability Regulation; Sold Exclusively on Ecoterrabeds.com. According to the CPSC’s website, “[t]he mattresses violate the smoldering ignition requirements of the federal mattress flammability regulation, posing a fire hazard.”
3. Bubble Bear Crib Mattresses Recalled Due to Fire Hazard; Violations of the Federal Safety Regulation for Mattresses; Sold Exclusively on Amazon.com by Coral Island. According to the CPSC’s website, “[t]he recalled crib mattresses violate the federal safety regulation for mattresses by failing to meet the flammability and labeling requirements, posing a fire hazard to children.”