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 September 12, 2024, the CPSC announced the following recalls related to products that present fire hazards:

1. Glen Dimplex Americas Recalls Cadet Apex72 Electric Heaters Due to Fire Hazard. According to the CPSC’s website, “[t]he fan can malfunction and fail to turn on causing the unit to overheat and ignite internally, posing a fire hazard.”
2. About 866,000 AirJet and HydroJet Spa Pumps Recalled Due to Fire Hazard; One Death Reported; Manufactured by Bestway and Sold with SaluSpa, Coleman, and Hydro-Force Spa Liners. According to the CPSC’s website, “[t]he recalled AirJet and HydroJet spa pumps can overheat causing the plastic housing to ignite, posing a fire hazard.”