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 May 16, 2024, the CPSC announced the following recalls related to products that present fire-related hazards:

1. Electrolux Group Reannounces Recall of Frigidaire and Kenmore Electric Ranges Due to Fire and Burn Hazards; Multiple Fires and Injuries Reported. According to the CPSC’s website, “[d]epending on the model, the surface heating elements can: 1) turn on spontaneously without being switched on; 2) fail to turn off after being switched off; or 3) heat to different temperatures than selected. This poses fire and burn hazards to consumers.”
2. CHZHVAN Combination Smoke and Carbon Monoxide Detectors Recalled Due to Failure to Alert to Fire; Sold Exclusively on Amazon.com by Haikouhuidishangmaoyouxiangongsi. According to the CPSC’s website, “[t]he detectors can fail to activate, posing a risk that consumers will not be alerted to a fire.”