Jennifer L. Henn  |  November 11, 2020

Category: Appliances

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Closeup of a woman arranging orange and green dishes in a dishwasher - dishwasher defect

The Whirlpool Corp. is facing a new class action lawsuit filed against it by a customer from Illinois who says a dishwasher defect, which the company refuses to correct, has damaged his home.

Complaints about the diverter shaft seal, which comes installed in several of Whirlpool’s brands and models, have been made for at least the last several years, but the company has done nothing to change the design, issue a recall or extend the warranty, the class action lawsuit says.

Among the brands that have the allegedly faulty diverter shaft seal are Whirlpool, Whirlpool Gold, KitchenAid, JennAir, Maytag and Kenmore.

“Since at least 2015, as part of its marketing campaign, Whirlpool has boasted to consumers about the durability of these ‘high-quality’ dishwashers, claiming that ‘No One Has Fewer Repairs 18 Years in a Row,’” the class action lawsuit says. “However, Whirlpool designed, manufactured, distributed, marketed, and sold the dishwashers with a uniform defect that can and has caused [them] to leak and damage consumers’ cabinetry, flooring and other property.”

Lead plaintiff Christopher Redmon says he purchased a KitchenAid dishwasher in 2017 for $799, and in June of this year it began to leak, sending water running across the kitchen floor and pooling under his kitchen island.

“When Mr. Redmon inspected the dishwasher, he discovered that the water had soaked the insulation, caused rust and corrosion underneath the dishwasher, and discolored the grout of the ceramic flooring below,” his class action lawsuit says.

A repairman works on a dishwasher - dishwasher defectLawyers for Redmon say Whirlpool has to have known about the dishwasher defect that caused the leak in Redmon’s home because customers have been complaining about the same malfunction online for at least eight years.

The class action lawsuit contains numerous citations of posted complaints on websites, including AppliancePartsPros.com and Shopyourway.com. But Whirlpool has continued to manufacture the dishwashers with the defective seal assembly and, rather than recall it or extend the product warranty, sells replacement kits for owners to do repair it themselves, Redmon claims.

The core of the dishwasher defect problem, according to the class action lawsuit, is the appliance’s pump motor diverter shaft seal is “oriented incorrectly.” The seal is part of the dishwasher’s sump assembly, which is housed at the bottom of the tub and collects and disperses water during a wash.

The way the dishwashers are manufactured exposes the seal to hot, soapy water, which degrades the seal over time and leads to increasing leakage, the class action lawsuit claims.

Whirlpool, Redmon claims, refuses to replace or repair the defective dishwashers “and instead offers to sell a full sump assembly with a new diverter shaft seal attached to it to the customer.” The cost of the replacement kit is between $60 and $75, but the cost to have it installed by a professional costs about $200, Redmon says. Those costs are left to the customer to pay, the class action lawsuit says.

Redmon is seeking the court’s approval to pursue the case as a class action lawsuit. Though he does not specify how many potential Class Members could join the litigation, he claims thousands would be eligible. The Class would be limited to customers who purchased one of the dishwashers in Illinois.

The class action complaint accuses the Whirlpool Corp. of breach of express warranty, breach of implied warranty, breach of contract, unjust enrichment, violations of the Illinois state consumer fraud and deceptive trade practices law, negligence and fraudulent concealment.

Do you have a Whirlpool, KitchenAid, JennAir, Maytag or Kenmore dishwasher that’s had a faulty diverter shaft seal? Has the leaky seal caused damage to the flooring or cabinetry in your kitchen? Tell us about it in the comment section below.

Lead plaintiff Redmon and the proposed Class Members are represented by Edward A. Wallace and Tyler J. Story of Wexler Wallace LLP; Gregory F. Coleman and Rachel Soffin of Greg Coleman Law PC; and Harper T. Segui and Daniel K. Bryson of Whitfield Bryson LLP.

The Dishwasher Defect Class Action Lawsuit is Christopher Redmon, et al. v. Whirlpool Corp., et al., Case No. 1:20-cv-06626, in the U.S. District Court for the Northern District of Illinois.

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48 thoughts onWhirlpool Slapped With Class Action Lawsuit Over Dishwasher Defect

  1. Mark Manuel says:

    We had water coming in our basement near the washer and dryer. We thought it was a stand pipe, but a drain tech company “snaked it” and found no issues. Eventually, we had a KitchenAid repair guy come. He told us it was the seal and sump assembly and, with parts and labor, the total cost to fix it was around $500. The washer is less than 3 years old! Needless to say, we’re opting to buy a new one.

  2. Shirell A. Dortch says:

    I have a whirlpool dishwasher that start smoking and I had it unplugged. It’s still in the house because I didn’t want a hole in the cabinets area if I removed the disher washer. I could never get whirlpool to admit that it was a defect in this model.

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