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 March 30, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Higdon Outdoors Recalls Battery Packs on XS Series Motion Waterfowl Decoys and Replacement Battery Packs Due to Fire and/or Burn Hazards. According to the CPSC’s website, “[t]he recalled waterfowl decoys’ lithium-ion battery packs or replacement battery packs can overheat while charging or soon after charging, posing a fire and/or burn hazard.”
2. Polaris Recalls RZR Recreational Off-Road Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he alternator can fail during operation, posing a fire hazard.”