Electrolux Hot Microwave Handles Class Action Trimmed

A federal judge in Pennsylvania has dismissed warranty claims in a proposed class action lawsuit against Electrolux by consumers who argue the handles on the company’s microwaves cause burns.

Plaintiffs Alex Kukich and Dean Mauro filed a class action lawsuit against Electrolux Home Products Inc. and Lowe’s Homes Center LLC over claims that the stainless steel handles on some of the Electrolux microwaves can reach temperatures of more than 168 degrees Fahrenheit.

The judge ruled that numerous warranty claims should be thrown out because the implied warranty is limited to one year after the item was bought.

The judge decided that Kukich and Mauro bought their microwaves in 2013 and 2014, so their complaints were filed too late.

Plaintiff Elaine Rice claims that she was cooking on her stovetop and reached for the microwave handle in order to open the door and the handle temperature was so hot that it burned her hand.

Kukich also had a similar experience, claiming that when the stovetop below the microwave was on, he discovered that the handle was hot and could expose him to a risk of injury.

“Had Plaintiffs known of the handles’ high temperature and the associated risk of burns, Plaintiffs would not have purchased their microwaves or would have paid less,” the judge’s opinion states.

The other plaintiffs in the case, Erika Mendoza and James Hunt, claim they had their microwaves installed according to the installation instructions provided by Electrolux.

The judge writes that the final page of the “Use & Care Guide” for the Microwaves has a section entitled, “Major Appliance Warranty Information” and all models include this warranty information.

In addition, the warranty information document is sealed into the microwave’s box at the point of manufacture. “The actual terms of the Warranty Information are not disclosed to the microwave purchaser until they have purchased their microwave and opened the box,” the judge states in his opinion.

In addition, the judge writes that no other information about the warranty was printed on the exterior of the boxes which contained the microwaves.

Other companies that were named in the class action lawsuit include Modesto Direct Appliance Inc., Sharp Manufacturing Co., Sharp Appliances Thailand Ltd., Midea America Corp., and Midea Microwave and Electrical Appliances Manufactured Company Ltd.

Electrolux is routinely denying warranty claims that the prospective Class Members are submitting, according to the judge.

The judge also notes that Mendoza and Hunt are requesting “equitable and/or injunctive relief,” which is part of their claim under Unfair Competition Law.

The judge says that Mendoza and Hunt will have to show that they are “likely to suffer future injury” from the defendant’s conduct.

“The injury they plead is economic, and they have not shown that they are likely to suffer future economic injury from Defendants’ conduct,” the judge notes. Thus, Mendoza and Hunt do not have standing under their “equitable and/or injunctive relief” claim.

Did you purchase an Electrolux microwave and experienced a hot handle? Leave a message in the comments section below.

The plaintiffs are represented by Anthony Shapiro and Ronnie Spiegel of Hagens Berman Sobol Shapiro LLP, Daniel E. Gustafson, Jason S. Kilene and Raina Borrelli of Gustafson Gluek PLLC and Simon Bahne Paris, Patrick Howard and Charles J. Kocher of Saltz Mongeluzzi Barrett & Bendesky PC.

The Electrolux Hot Handle Class Action Lawsuit is Rice v. Electrolux Home Products Inc., Case No. 4:15-cv-00371, in the U.S. District Court for the Middle District of Pennsylvania.

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