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A federal class action lawsuit has been filed against American Standard claiming its Flushmate Series 503 III Pressure-Assist Flushing System toilets pose a safety hazard and are unreasonably dangerous to consumers because they can rupture, causing the toilets to explode. The company has received over 300 reports of the toilets bursting, resulting in property damage and 14 reports of impact or laceration injuries.
Flushmate has told over 2.3 million of these toilet flushing systems to U.S. consumers, which differ from traditional flushing systems. “The Flushmate System uses a vessel that traps air, and as the vessel fills with water, it uses the water supply line pressure to compress the trapped air inside. The compressed air forces the water into the toilet bowl, and instead of the ‘pulling’ or siphon action of a gravity unit, the pressure-assist unit ‘pushes’ waste out,” the class action lawsuit explains.
According to the Flushmate toilet class action lawsuit, however, “the vessels used in the Flushmate System are defective and prone to leaks and weld separation. The leaks cause the Flushmate System to burst at or near the vessel weld seam releasing stored pressure. The pressure then lifts the toilet lid and shatters the tank, posing impact or laceration hazards to consumers, as well as property damage.”
The company became aware of the Flushmate System defect as early as Jun 2000, if not sooner, but continued to sell the toilet without disclosing the defect or risk, the class action lawsuit says. When it did disclose the defect, it downplayed how serious it was, despite receiving hundreds of reports of the toilets exploding and at least 14 reports of serious injuries.
The Flushmate toilet class action lawsuit is brought on behalf of all persons or entities who own American Standard toilets containing a Series 503 Flushmate III Pressure-Assist Flushing System manufactured from January 1997 to the present, or who replaced some or all of the said defective Flushmate System. It is seeking restitution, disgorgement of profits, damages and more.
A copy of the American Standard Flushmate Toilet Class Action Lawsuit can be read here.
The case is United Desert Charities v. Flushmate a/k/a Sloan Valve Company, et al., Case No. 12-cv-6878, U.S. District Court, Central District of California.
UPDATE 1: An $18 million class action settlement has been reached affecting owners of Flushmate toilet systems.
UPDATE 2: Details on how to file a claim for the Flushmate class action settlement are up!
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4 thoughts onFlushmate Exploding Toilet Class Action Lawsuit
UPDATE: Details on how to file a claim for the Flushmate class action settlement are up!
I had heard about the lawsuit with the pressure assist toilets. We have 3 Zurn Pressure assist toilets which have all been giving us problems. Can’t even get our plummer to call us back about them. Just wondered if these were included in the lawsuit
Our firm filed the class action lawsuit against Flushmate. We are interested in talking to owners of Flushmate III systems housed in toilets by other manufacturers such as Kohler, Gerber, and others. If you would like to discuss this further, please contact our office toll-free (866) 474-9999 or info@birka-white.com.
Can owers of the defective Flushmate III system housed in toilets by other manufacturers such as Gerber be included in this action?