Harbor Freight Class Action Says Chainsaws Have Power Switch Defect

A class action lawsuit has been filed against Harbor Freight Tools by two consumers alleging that it sold chainsaws that do not power down, even when the power switch is turned off.

Plaintiffs Will Kaupelis and Frank Ortega say they purchased the Portland, One Stop Gardens, and Chicago Electric 14-inch electric chainsaws from Harbor Freight not knowing that the tools were defective.

The Harbor Freight Tools class action lawsuit states, “A chainsaw that takes on a life of its own by not turning off when necessary is extraordinarily dangerous..and [t]his defect rendered the Products unsuitable for their principal and intended purpose.”

The plaintiffs say that, due to its product packaging, Harbor Freight Tools implies that the products are suitable to use as chainsaws.

In fact, “the product packaging specifically called-out the ‘Safety Lock-Out Switch,’ conveying the impression that the product was specially designed to prevent it from unintended or undesired operation,” the Harbor Freight Tools class action lawsuit avers.

The plaintiffs both contend that if Harbor Freight Tools had disclosed that there was a defect inherent in the chainsaws, they would not have purchased the products or would have done so at a lower price.

The Harbor Freight class action lawsuit states that a recall was issued by the defendant in May 2018, but only two percent of the products were returned.  

The plaintiffs say this number is low because Harbor Freight Tools suppressed returns in numerous ways: The recall was publicized only briefly, a link on Harbor Freight’s website detailing the recall was very small and inconspicuous, they only mailed recall notices to a small percentage of customers, and they failed to contact customers who purchased the chainsaws online.

In addition, the class action lawsuit argues that Harbor Freight Tools knew about the defect years before issuing a recall.

“Online safety reports to the CPSC [Consumer Product Safety Commission] show that Harbor Freight knew or should have known of the defect since at least 2014, yet it continued to sell the defective products anyway,” the Harbor Freight Tools class action lawsuit states.

The CPSC reportedly received numerous complaints about the chainsaws before Harbor Freight Tools issued a recall on the products.

The Harbor Freight class action lawsuit continues by stating, “Harbor Freight’s management knew or should have known about the complaints referenced above as soon as they began appearing on the CPSC website in 2014, and in any event no later than November 2016.”

“With over a million units sold at approximately $50 each, Harbor Freight profited enormously from its failure to disclose the Product Defect sooner,” the Harbor Freight Tools class action lawsuit notes.

In addition, the Harbor Freight class action lawsuit argues that the company knew about the defects because customers posted messages on their website, but these comments were subsequently deleted by Harbor Freight Tools.

Kaupelis and Ortega claim Harbor Freight is in violation of California’s Consumers Legal Remedies Act, California’s Unfair Competition Law, and the Magnuson-Moss Warranty Act.

The Harbor Freight Tools class action lawsuit also brings allegations of fraud, unjust enrichment, and breach of implied warranty.

Kaupelis and Ortega are represented by L. Timothy Fisher, Joel D. Smith, and Blair E. Reed of Bursor & Fisher PA.

The Harbor Freight Tools Chainsaw Defect Class Action Lawsuit is Kaupelis, et al. v. Harbor Freight Tools USA Inc., Case No. 8:19-cv-01203, in the U.S. District Court for the Central District of California.

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