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 June 6, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Kawasaki Motors USA Recalls Engines Used in Bad Boy Mowers, BigDog, Bobcat, Cub Cadet, Hustler, John Deere and Kubota Brand Lawn and Garden Equipment Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled engines can overheat, posing fire and burn hazards.”
2. Good Earth Lighting Recalls More than 1.2 Million Rechargeable Integrated Lights to Due to Fire and Burn Hazards; One Death Reported. According to the CPSC’s website, “[t]he recalled light’s battery can overheat and ignite the light’s plastic housing, posing fire and burn hazards to consumers.”