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

1. Best Buy Recalls Insignia® Air Fryers and Air Fryer Ovens Due to Fire, Burn and Laceration Hazards. According to the CPSC’s website, “[t]he air fryers can overheat, causing the handles to melt or break, posing fire and burn hazards. Additionally, the air fryer ovens can overheat and the glass on the door can shatter, posing fire, burn and laceration hazards.”
2. Textron Specialized Vehicles Recalls Tracker Off Road OX EV Light Utility Vehicles Due to Fire Hazard. According to the CPSC’s website, “[w]ater can get into the lithium-ion battery pack of the Tracker OX EV vehicles, posing a fire hazard.”
3. Honeywell Recalls System Sensor L-Series Low Frequency Fire Alarm Sounders and Strobes Due to Risk of Failure to Alert Consumers to a Fire. According to the CPSC’s website,
   “[t]he sounders and strobes can malfunction and cause the fire alarm system to fail to alert consumers of a fire.”