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 February 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Viking Range Recalls Freestanding Gas Ranges Due to Risk of Gas Leak and Fire Hazard.

According to the CPSC’s website, “[t]he rigid gas tubing can separate at the joint to the bake, broil and griddle burners, posing a risk of a gas leak and fire hazard when these burners are in operation.”