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. Adam says:

    Got my check today! – $125 from the settlement company!

  2. Jennifer says:

    Don’t bother calling the number listed on here….. The paid employees have no more information than what you can read here…..useless….. Meanwhile the entire bottom of my grill has fallen obviously meaning I need a new grill…… The wonderfully useless woman repeated to me as if I were ignorant that sears will issue the gift cards in 30 to 60 days. To which I inquired the obvious ’30 -60 days from what date????’ to which she could not answer…… Nor does she work for sears…… USELESS!

  3. James Robert Tubbs says:

    I filed a claim in March 2017, along with required photo of rusted parts along with a receipt for purchase. I have not received anything regarding this claim yet. Do I need to refile prior to the January 2018 date?

    1. Top Class Actions says:

      You can contact the settlement administrator to inquire about the status of your claim:
      Kenmore Firebox Grill Settlement
      Settlement Administrator – Rust Consulting
      P.O. Box 2563
      Faribault, MN 55021-9563
      1-888-334-6162

  4. P knight says:

    Is there a way to confirm that the paperwork has been received? I filed my paperwork months ago and have not heard anything.

  5. Rob says:

    filled out all the paperwork and included photos….haven’t heard a word…..continued to use grill at my own risk as the bottom is about to fall out and I’m nervous about how much my tank is being exposed to the heat of the flames……hope I get my rebate so that I can buy a new grill before things really get ugly like an explosion…..then I’ll really have a lawsuit…..

  6. richard says:

    never received any funds!

  7. Brandon says:

    How long does it take to get the replacement parts? I filed a claim and haven’t heard anything back. Any place I can go to check on my claim?

  8. Boss says:

    Claim form deadline is 1/26/18. Does that mean we won’t recieve payment until after then?

    1. Employee says:

      Yes, that’s how settlements typically work.

      1. Luz says:

        Will we be notify of our settlement??

  9. Irina says:

    I bought a grill several years ago but don’t have receipt, paid Cash. what is my best option to file

    1. Evert Yeldon says:

      the only option you have is stick with the grill at the nearest park.

      Your a day late and a dollar short

  10. Dan says:

    Any updates, I would love to take this POS grill to the dump, and buy a new Weber.

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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.