Anna Bradley-Smith  |  April 19, 2021

Category: Appliances

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Whirlpool is facing a class action lawsuit over alleged defective dishwashers.

Two California residents have filed a class action lawsuit against home appliance giant Whirlpool Corporation, saying that the company’s dishwashers are defective and have damaged their homes.

The class action lawsuit comes after Whirlpool was hit with a similar class action lawsuit in November 2020, where complaints centered on the same issue — the diverter shaft seal.

The allegedly defective seal, which comes installed in several of Whirlpool’s brands and models, has 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, both class action lawsuits allege.

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

The latest class action lawsuit was filed by lead Plaintiffs Dhaval Shah and Thomas McCormick in California on April 16. Shah says that he purchased his KitchenAid dishwasher for $600 in 2016, believing it to be a high end option.

However, in October 2020 he says that the dishwasher started to leak water across his floor and under the baseboards of his kitchen cabinetry. A technician told him that he needed to replace the sump and motor assembly, where the shaft seal is located, explains the class action.

McCormick, who bought his dishwasher from Home Depot in 2018 for $800, had a similar experience, according to the claim.

By April 2021, the class action lawsuit says that McCormick noticed leaking near his dishwasher that had “significantly damaged surrounding flooring.” He paid $300 for a replacement assembly and is waiting on a repair estimate for his floors, according to the class action.

Like the previous class action lawsuit, both Shah and McCormick say that Whirlpool is well aware of the faulty diverter shaft seal, but has done nothing about it.

The issue stems from the seals being installed in an inverted orientation, rendering them unable to seal properly and therefore leaking, according to both class action lawsuits. 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.

Shah and McCormick say that the company refuses to replace or repair the dishwashers and instead offers to sell a new seal for approximately $75 and $200 for labor, according to the class action lawsuit.

“The Warranty is a sham and an affirmative misrepresentation made to Plaintiffs and Class Members,” states the class action.

Shah and McCormick want to represent a Class of California consumers who own or owned a Whirlpool manufactured dishwasher with an inverted diverter shaft seal. They are suing for breach of warranty, breach of contract, unjust enrichment, negligence, and fraudulent concealment.

They seek certification of the Class, damages, restitution, legal fees, and a jury trial.

Whirlpool is also facing a class action lawsuit filed by two California consumers who say that the company sold refrigerators with defective control panels, leading to ice buildup and leaks in the surrounding area. Defects in home appliances products can lead to costly repair and even home damages.

Do you own a KitchenAid dishwasher and have noticed any leaks coming from the base of the machine? Let us know in the comments section!

Shah and McCormick are represented by Alex R. of Whitfield Bryson LLP, Rachel Soffin of Greg Coleman Law PC, and Harper T. Segui of Whitfield Bryson, LLP.

The Whirlpool Defective Dishwasher Class Action Lawsuit is Shah v. Whirlpool Corporation, et al., Case No. 3:21-cv-02739, in the U.S. District Court for the Northern District of California San Francisco Division.

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46 thoughts onWhirlpool Hit With Another Class Action Lawsuit for Alleged Defective Dishwashers

  1. Phillip Llacuna says:

    I have the same issue, water leaking through the same seal the the diverter stem goes through. The only thing that stops the water from leaking out is a grease that is put on the seal. That grease, I suspect, will disappear over time because of the detergents used. to wash the dishes. As it thins out, water begins to drip from the seal. I also suspect, that the stem rubbing against the seal over time will wear away the rubber seal and cause leakage. I am not sure why this is not total encased to prevent leaks. A better design would fix this problem. I have had nothing but problems with Whirlpool product, every one has failed within a year or two. So for us no more buying products from Whirlpool or companies they make parts for.

  2. Brenda Armstrong says:

    Bought a Whirlpool Dishwasher in 2020. Last year started getting a mild smell in dishwasher, open the door, black stuff all over it, the tub inside was not touched. The filter was disgusting, spray arms, bottom of door, utensil rack, all plastic was disgusting. That is when 2 year warranty finished. Called Whirlpool and bought extended warranty for $141 and change. Sent all pictures to Whirlpool and they said “We” man handled the dishwasher. The lady put a work order in. Service guy came out 1st. time changed pump. Called again 2nd. time, they asked me questions was the door opened or closed, I said to her closed why she told me that was why the foul smell and sludge was there. I said to her please send technician. Technician came out changed motor an whatever else and bought new filter and screen. In that time I had cleaned it twice not fun to cleaned. Still had foul smell and black sludge. Called again weeks later and said still the same issue. Please send out technician. Called Back this time was told technician needed to change seal, I said tothe lady, I was not told by Technician seal needed to be changed. Technician came out before Christmas and said nothing more he can do after this. This was all in 2022. So I call on January 16th/2023 and asked to find out if they are responsible for a new dishwasher and she said no. Then she says to me it was man handled by us. I asked her Whirlpool product and the Company should be responsible for the product, she sad NO. ‘We disciplined our children to be responsible for there actions and behaviour.(VERY SAD, DISAPPOINTED CUSTOMER). Sorry for the Caps. I need to buy a new dishwasher. In the time of dishwasher problems even had Plummer come out and change piping under sink.
    ( I would like to take it apart and see where the sludge is coming from on the other hand not sure I really want to know). Thank you for letting me vent.

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