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 July 11, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Best Lighting Products Recalls High Bay LED Light Fixtures Due to Fire Hazard. According to the CPSC’s website, “[p]lastic pins securing the LED board can degrade, allowing the energized LED board to come loose and contact the lens or combustible materials, posing a fire hazard.”
2. Atomi Recalls Smart Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled smart heaters can turn on without user input, posing fire and burn hazards.”