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 October 28, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Schneider Electric Recalls Surgeloc™ Surge Protection Devices Due to Fire Hazard.

According to the CPSC, “[t]he Surgeloc Surge Protection Device can experience an arc event, which can result in a fire hazard.”