The plaintiffs in the Electrolux dishwasher class action lawsuit may face some hurdles when it comes to certifying their proposed class of consumers who allegedly faced spontaneous fires and leaks from the appliance.
Lead plaintiffs lodged the complaint in Illinois federal court alleging a defective heating element caused fires and floods. Through the Electrolux dishwasher class action lawsuit, they sought to represent all consumers who purchased dishwashers with a defective heating element.
However, U.S. District Court Judge John Z. Lee reportedly pointed out in a recent order that he was unable to see how consumers who purchased the defective Electrolux dishwashers but were never affected by the defect and eventually replaced their dishwashers were injured.
“Injury doesn’t exist out there in the ether,” stated Judge Lee in a hearing. “Injury has to be experienced by someone.”
Counsel representing the plaintiffs in the Electrolux dishwasher class action lawsuit shot back, contending that consumers who purchased defective dishwashers faced economic harm.
“I think there’s an economic injury because people purchased a product with a known defect,” noted one of the attorneys according to a Law360 report. “That alone should give them standing.”
The Electrolux dishwasher class action lawsuit faces other challenges, as well, according to Judge Lee. The judge asked for a more specific cause of the defect to be described by the plaintiffs’ counsel.
The judge noted that there were a number of ways to make the dishwasher less prone to catching fire, according to the report by Law360, including the use of flame retardant material and additional clips to hold up the heating element.
“I’m not really sure how that raises one common question, as opposed to three different types of potential causes that have to be analyzed for the purposes of liability,” reportedly stated the judge in the hearing.
The Electrolux dishwasher class action lawsuit was lodged in 2016. According to the complaint, Frigidaire and Electrolux branded dishwashers have defective electrical systems that affect the heating element in the appliances.
The plaintiffs alleged that the defective heating elements were prone to overheating. They could allegedly even cause burns or holes in the dishwasher, causing leaks.
The Electrolux dishwasher class action lawsuit contended that the company knew of the problem, but failed to issue a recall or warn consumers.
The plaintiffs have managed to overcome one motion for dismissal of the class action lawsuit in October of 2016.
The lead plaintiffs and proposed Class Members are represented by Edward Wallace, Tania Yusaf and Tyler J. Story of Wexler Wallace LLP, Shanon J. Carson, Amanda Trask, Glen L. Abramson and Jeffrey L. Osterwise of Berger & Montague PC, and Gregory F. Coleman, William A. Ladnier, Adam A. Edwards, Justin G. Day, Mark E. Silvey, Rachel L. Soffin and Lisa Anne White of Greg Coleman Law PC.
The Electrolux Dishwasher Class Action Lawsuit is Elward, et al. v. Electrolux Home Products Inc., Case No. 1:15-cv-09882, in the U.S. District Court for the Northern District of Illinois.
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