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 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. MWE Investments Recalls Westinghouse Portable Generators Due to Fire Hazard. According to the CPSC, "[t]he recalled portable generators can leak fuel, posing a fire and burn hazard."
  2. Monoprice Recalls Ethernet Cables Due to Fire Hazard. According to the CPSC, "[t]he cables do not meet the flammability requirements of the UL 1666 voluntary safety standard, posing a fire hazard when the cable is exposed to a flame."

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