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 December 9, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. Neptune Benson Recalls Delta Ultra-Violet Generators For Pools and Spas Due to Fire Hazard. According to the CPSC, "[w]ater can leak within the generator, causing excessive heat build-up in the area where the power cord connects to the body of the generator unit, which can pose a fire hazard."
  2. Spirit Halloween Recalls Children's Flashlights Due to Fire and Burn Hazards. According to the CPSC, "[t]he batteries in the flashlight can overheat, posing burn and fire hazards.
  3. GrillBlazer Recalls Propane Torch Guns Due to Fire Hazard. According to the CPSC, "[p]ropane gas can leak from the GrillBlazer torch, posing a fire hazard to consumers."
  4. Goal Zero Recalls Power Supplies Due to Fire Hazard. According to the CPSC, "[t]he connection between the power supply module and the output cord can be loose, causing the electrical connections to overheat, posing a fire hazard."

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