Anne Bucher  |  February 9, 2017

Category: Closed Class Actions

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This settlement is closed!

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kenmore

A settlement has been reached in a class action lawsuit alleging certain barbecue grills sold by Sears Roebuck and Co. were manufactured with defective firebox trays that were prone to rusting and failing prematurely.

If you purchased or received a Kenmore brand gas grill with a galvanized steel firebox, you may be entitled to benefits from the Kenmore grill class action settlement.

Plaintiff Michael Oaks initially filed the Kenmore grill class action lawsuit against Sears in December 2015, alleging certain Kenmore grills with firebox trays made of galvanized steel were defective and posed a safety hazard. He asserts that the firebox trays may disintegrate and expose the grills’ propane tanks to open flames.

According to the Sears class action lawsuit, the firebox tray defect manifests during the useful life of the Kenmore grill and that it occurs during normal use and operation of the grill.

“Sears knew or should have known that the Grills are defective, not fit for their intended purpose, and unsafe to use as intended,” Oaks argues in the Kenmore class action lawsuit. “Nevertheless, Sears has actively concealed and failed to disclose the Defective Firebox Tray to Plaintiff and Class members, both before and after purchase.”

Oaks claims that Sears routinely failed to repair the grills when the firebox defect manifests, and that owners of the affected Kenmore grills had to spend around $300 per repair.

Sears denies any wrongdoing and maintains the Kenmore grills weren’t defective in any way. However, the company has agreed to settle the Kenmore grill class action lawsuit to avoid burdensome and costly litigation.

Sears has discontinued the manufacture and sale of Kenmore grills with galvanized steel firebox trays.

If you would like to object to or opt out of the Kenmore barbecue grill class action settlement, you must do so no later than March 13, 2017.

Who’s Eligible

You are a Class Member of the Sears barbecue grill settlement if you purchased or received (not for resale) a new Kenmore grill with a galvanized steel firebox that was manufactured between Oct. 1, 2011 and Sept. 30, 2014 and which bears one of the following model numbers:

  • 01566
  • 03495
  • 16142
  • 16154
  • 23673
  • 23676
  • 23681
  • 23682
  • 23683
  • 23766
  • 34172
  • 34176
  • 34178
  • 34308
  • 34611
Potential Award

Up to $300.

Eligible Class Members may submit a Claim Form to receive one of the following benefits (only one type of benefit is available for each grill):

  • Class Members who, on the effective date of the settlement, possess a grill that is in need of repair can elect to receive either a free firebox repair, a $180 Sears gift card or a $125 cash payment.
  • Class Members who do not possess their grill on the effective date of the settlement (and who did not purchase a replacement) but who can provide evidence of material rusting of their firebox can receive either a $180 Sears gift card or $125 cash payment.
  • Class Members who, on the effective date of the settlement, possess a Model 23682 grill, which cannot be repaired, can receive either a $180 Sears gift card or a $125 cash payment.
  • Class Members who, on the effective date of the settlement, possess a grill and have already paid Sears to repair the grill are eligible for reimbursement of the amount paid to Sears to repair or replace the firebox.
  • Class Members who purchased a replacement grill prior to the effective date of the settlement can receive either a repair kit or up to $300 in cash as reimbursement for the price of the replacement grill.
  • Class Members who purchased the Kenmore grill between Jan. 1, 2011 and Dec. 31, 2013, and who purchased a replacement within 2.5 years of the original purchase but who do not possess the grill on the effective date of the settlement (and cannot provide photographic evidence showing rusting of the firebox or a complaint to Sears about rusting) are eligible to receive a $45 Sears gift card.

Under the terms of the Kenmore grill class action settlement, “material rusting” means rust that affects the structural integrity of the firebox tray. Evidence of material rusting may include a visible hole and/or break in the firebox caused by rust.

Proof of Purchase

Class Members should submit proof of purchase of the Kenmore grill (if that information is not in Sears’ records) or certification that the Kenmore grill was received as a gift in new condition.

If applicable, Class Members should provide proof of purchase of any replacement grill that was purchased. Class Members may also be required to submit photographic evidence of material rusting of the firebox.

Please follow the instructions on the Claim Form carefully before submitting your claim.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/26/2018

Case Name

Oaks, et al. v. Sears Roebuck and Co., Case No. 1:15-cv-11318, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

4/12/2017

UPDATE: The Kenmore Barbecue Grill settlement received final approval from the court on April 13, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On Sept. 4, 2018, Top Class Actions viewers started receiving checks from the Kenmore grill class action settlement worth as much as $125. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.KenmoreFireboxGrillSettlement.com

Claims Administrator

Kenmore Firebox Grill Settlement
Settlement Administrator – Rust Consulting
P.O. Box 2563
Faribault, MN 55021-9563
1-888-334-6162

Class Counsel

SHEPHERD FINKELMAN MILLER & SHAH LLP

STEPHAN ZOURAS LLP

CUNEO GILBERT & LADUCA LLP

POGUST BRASLOW & MILLROOD LLP

Defense Counsel

J. Theodore Gentry
WYCHE PA

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132 thoughts onKenmore Barbecue Grill Class Action Settlement

  1. Kristine Farley says:

    Can u update us…when will we be receiving our gift cards for new grills?

  2. Top Class Actions says:

    UPDATE: The Kenmore Barbecue Grill settlement received final approval from the court on April 13, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

     

  3. David Haenel says:

    It is grilling season, when we will be notified of acceptance of claim or sent firebox for replacement?

    1. Top Class Actions says:

      The settlement has received final approval, and as of today, no appeals have been filed. It is not known how quickly claims will be paid or repair kits will be sent. Please keep checking Top Class Actions for updates!

  4. Monica Barnes says:

    I sent my claim on Feb. 18, 2017, and it is getting close to grilling season. Can you please tell me what the status is of getting the firebox replaced on my grill? Will I be contacted or is there something I can or should do to get the replacement taken care of?

  5. Lisa says:

    What if I bought my grill not in the years and not on the list and the same thing has happened and we have tried to get sears to fix it and they said it was to rusted out to fix and we don’t grill but maybe 5 times a year for it to have that much damage. They won’t do anything so it has set for 3 yrs while we tried to get fixed. I bought it on my sears account

  6. jon says:

    I am looking for legal representation in another class action against Kenmore and Sears as I, my mom and sister purchased $500 Kenmore grills in the same time period where the bottom trays and burners rusted out and disintegrated, but they are not on the list of approved models for this class action. I called Sears two years ago and again last year and they stated there is no issue and would not even honor the 5 year steel warranty. Let alone tell me about a class action. I even spoke with their corporate legal department. Please help.

  7. Mary Pat says:

    When should I expect a gift card

  8. hasan kermysigul says:

    i bought this grill and my model number is on that claim and have the receipt which is little blurry what should i do i dont use that grill anymore bough new one

  9. Kelly says:

    What if I bought my eligibile model at Kmart? Kmart and Sears are the same company

    1. Top Class Actions says:

      You should contact the settlement administrator with any questions about the claims process. If you believe your grill qualifies for the settlement, you should definitely submit a claim. Good luck!

  10. Rhonda says:

    i wish I would have seen this 2 weeks ago. My grill is not listed but I just cleaned out the disintegrated pan and bought a replacement. I couldn’t believe that is was once metal! It was nothing but flakes. Same with the flame deflectors.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.