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Electrolux Home Products Inc. is facing a class action lawsuit that alleges the handles on some of its stainless steel microwaves get excessively hot and may cause injury when a person touches the handle with a bare hand.
Plaintiff Alex Kukich states that certain Electrolux over-the-range microwave ovens have handles that are constructed with 400-grade stainless steel.
When the cooking surface below the microwave is in operation, the microwave handle can allegedly reach temperatures in excess of 168 degrees Fahrenheit, creating a risk of injury to anyone who touches the handle with a bare hand.
According to the Electrolux microwave class action lawsuit, Underwriters Laboratories Standard 923 has established that the temperature of a “bare or painted metal” microwave handle is not to exceed 131 degrees Fahrenheit.
Kukich claims that 400-grade stainless steel used in the Electrolux microwave handles does not comply with this standard.
The Electrolux class action lawsuit also points to a guide produced by ASTM International, which states that skin contact with metals over 133 degrees Fahrenheit can cause permanent skin damage, and contact with metallic surfaces in excess of 158 degrees Fahrenheit can burn the skin almost instantaneously when contact is made.
Kukich asserts that Electrolux has sold at least 800,000 microwaves that have the handle defect, which he says is “unreasonably dangerous.”
According to the microwave handle defect class action lawsuit, Kukich owns a Frigidaire Gallery Over-The-Range Microwave Oven with the Electrolux microwave handle defect.
He says he purchased it in October 2013 for about $249, excluding tax and the cost of installation.
Kukich claims that he had the microwave installed in his kitchen over the cooking range, and it was installed in accordance with the installation instructions provided by Electrolux.
He says he reached for the microwave handle while cooking on the stove and quickly discovered that the handle reached exceedingly high temperatures.
“Defendant’s choice of material selection for the 400-Grade Stainless Steel Handle causes the exterior of it to reach temperatures that create a substantial risk of harm to consumers when the cooking range is in use below the Microwave,” the Electrolux microwave class action lawsuit alleges.
Kukich claims that Electrolux has known about the microwave handle defect since at least Feb. 18, 2015.
However, it has denied warranty claims by Class Members, and has refused to replace, modify or remanufacture the microwave to address the dangerous handle defect.
By filing the Electrolux microwave defect class action lawsuit, Kukich seeks to represent a Class of consumers who own an Electrolux microwave with a 400-grade stainless steel handle.
He asserts claims for declaratory relief and unjust enrichment.
On behalf of Maryland Class Members, he asserts claims for design defect, negligent failure to warn, negligence, violation of the Magnuson-Moss Consumer Products Warranties Act, and breach of the implied warranty of merchantability.
Kukich is represented R. Joseph Barton, Andrew N. Friedman and Sally M. Handmaker of Cohen Milstein Sellers & Toll PLLC; Simon B. Paris, Patrick Howard and Charles J. Kocher of Saltz Mongeluzzi Barrett & Bendesky PC; and Daniel E. Gustafson, Jason S. Kilene and Raina C. Borrelli of Gustafson Gluek PLLC.
The Electrolux Microwave Defect Class Action Lawsuit is Alex Kukich v. Electrolux Home Products Inc., Case No. 1:16-cv-03412, in the U.S. District Court for the District of Maryland, Baltimore Division.
