Cert. Sought in Conair Hair Dryer Fire Hazard Class Action Lawsuit

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Last week, a group of plaintiffs sought an order from a California federal judge to certify their class action lawsuit against Conair Corporation.

Four plaintiffs assert that their Conair hair dryers caught on fire and the product is a safety hazard and seek to represent a nationwide Class of consumers who purchased the allegedly defective hair dryer.

Plaintiffs Cynthia Czuchaj, a California resident, Angelique Mundy, a Pennsylvania resident, Barbara McConnell, a Michigan resident and Patricia Carter, a New York resident, all purchased a Conair 259 or 279 InfinitiPro 1875 watt hair dryer, according to their defective hair dryer class action lawsuit.

The plaintiffs are seeking nationwide certification for the Conair hair dryer class action lawsuit, but if that is not granted, as an alternative, they have asked to have individual stand-alone state Classes certified for California, Michigan, New York, Ohio and Pennsylvania.

The Classes would be comprised of individuals who purchased the Conair InfinitiPro 1875 watt hair dryer, models 259 and/or 279, between Aug. 15, 2009 and the present.

Czuhaj stated that she owned a Conair Infiniti Pro 182-Watt Salon Performance hair dryer and used it daily or every other day in her personal grooming routine. According to the class action lawsuit, 10 months after she purchased the dryer, it began to catch fire, and she dropped it onto the floor. It allegedly continued to burn and scorched the carpet. Czuhaj said her hair dryer was plugged into a ground fault circuit interrupter outlet and the product had an appliance leakage current interrupter, yet the dryer continued to run despite the electrical safety in place.

Consumers note that the hair dryer defect usually becomes apparent within the first year of use. The Conair class action lawsuit claims that a number of consumers have filed complaints both directly with Conair and with the U.S. Consumer Product Safety Commission.

The hair dryer fire hazard class action lawsuit brings several counts against Conair, including allegations of strict product liability, breach of warranty, violation of the Magnuson-Moss Warranty Act as well as state-specific violations. The plaintiffs seek to have reimbursement for the cost of the allegedly defective hair dryers, compensatory and punitive damages and the cost of litigation. The plaintiffs also want Conair to warn consumers about the product’s dangers.

According to the Conair defective hair dryer class action lawsuit, “[Conair] has been aware of this defect, yet actively concealed such defect from plaintiff and consumers by failing to recall the product, place appropriate warnings on packaging and user guides, or take any other such action to notify consumers of the possible serious injury that could result in using the product.”

The plaintiffs are represented by Jerusalem F. Beligan of Bisnar & Chase, Jennifer Lynn Connor, Jeff Geraci, Isam C. Khoury and Michael D. Singer of Cohelan Khoury & Singer and Katherine J. Odenbreit of Hunt Ortmann Palffy Nieves Darling & Mah Inc.

The Conair Hair Dryer Class Action Lawsuit is Czuhaj v. Conair Corporation, et al., Case No. 3:13-cv-01901, in the U.S. District Court for the Southern District of California.

UPDATE: On Mar. 30, 2016, a federal judge issued a ruling partially decertifying a Class of consumers in this Conair class action lawsuit. The judge said that the differences in the implied warranty laws for various states led to too many individualized questions.

UPDATE 2: On July 18, 2016, plaintiffs fought back against a motion by Conair to further narrow the subclasses. 

UPDATE 3: On Nov. 4, 2016, the parties in a class action lawsuit alleging defects in Conair hair dryers causes them to catch fire, proposed a $5.4 million settlement deal.

UPDATE 4: The Conair Infiniti Pro Hair Dry Class Action Settlement is now open! Click here to file a claim.