Calif. Couple Sues Lumber Liquidators over Dangerous Wood Flooring

A California couple is suing Lumber Liquidators for allegedly selling them cheap wood flooring with dangerous levels of formaldehyde. Plaintiffs Harvey and Melinda H. claim that the defendant sold the wood flooring to them under the impression that it was following California state and federal formaldehyde regulations, when it was not.

Harvey and Melinda purchased approximately 1,000 square feet of wood flooring from the defendant on Jan. 26, 2013, to install in their home. Both plaintiffs have experience with handling wood flooring, but chose to use an installer recommended by Lumber Liquidators, according to the Lumber Liquidators lawsuit. The wood was installed in the couple’s home without incident. The plaintiffs allege that neither the installer nor Lumber Liquidators had informed them about the dangerous formaldehyde levels associated with the laminate flooring they purchased.

According to the Lumber Liquidators lawsuit, the plaintiff couple specifically bought the wood flooring not only for its price, but because Lumber Liquidators promised that the product was superior in quality, longer-lasting and safer for families. The plaintiff couple has a dog and also live with their children and grandchildren, so the safety information of the product was vital. Soon after the wood flooring was implanted, the couple began experiencing symptoms such as fatigue, vertigo, coughing, and wheezing. Melinda had also shown additional symptoms indicating respiratory disease that are consistent with Parkinson’s Disease, which is typically associated with formaldehyde exposure, the Lumber Liquidators lawsuit alleges.

Overview of Lumber Liquidators Toxic Flooring Allegations

This Lumber Liquidators lawsuit comes in the wake of a “60 Minutes” report that aired on March 1, 2015, which centered on the business practices of Lumber Liquidators and its alleged deceptive marketing tactics. Currently, over a dozen flooring lawsuits have been filed against Lumber Liquidators for these charges.

According to the “60 Minutes” report, Lumber Liquidators was selling cheap wood flooring with dangerous levels of formaldehyde for quite some time, without warning their consumers of the toxic chemical levels. The wood flooring was reportedly manufactured in China, which has lenient formaldehyde standards. While formaldehyde is a commonly used sealant in laminate wood flooring, it can be dangerous if released in certain amounts, which is why strict U.S. regulations exist to prevent any avoidable cases of cancer or injury.

The plaintiff couple recalls no warning of any kind on the product’s label, but did mention that wood dust or chemicals could be emitted from installing the wood that were known to cause cancer or similar consequences, but the emission levels were considered safe under California law. Essentially, the plaintiffs allege that Lumber Liquidators assured them that their flooring products were safe according to their state’s law, specifically the California Air Resources Board (CARB). Out of all the states, California is perhaps the strictest with formaldehyde use, having firm regulations intact since 1988. Several years later in 1992, the California Air Resources Board officially listed formaldehyde as a toxic air contaminant, in which no levels of exposure are safe.

Harvey and Melinda claim they did not know they had purchased and installed dangerous wood flooring until they watched that fateful “60 Minute” report. Now the plaintiff couple and their family members must be on high alert for any signs of illness, cancer, Parkinson’s Disease, and any other injuries associated with formaldehyde exposure. The couple must also research different options of removing the wood flooring and to then have it replaced, which will cost significantly more than it cost to install the flooring. This entire situation has allegedly been a financial nightmare for Harvey and Melinda and their family, and they are suing Lumber Liquidators for compensation.

The plaintiff couple insists that they never would have bought the wood flooring from the defendant if they had known about the high levels of formaldehyde. Their lawyers state that the defendant had the civil responsibility of protecting their consumers against the possible dangers their flooring products present, and need to be forthcoming in all of their warning labels.

This Lumber Liquidators Lawsuit is Case No. 5:15-cv-00424-JGB-SP, in the U.S. District Court for the Central District of California, Eastern Division.

UPDATE: Several Lumber Liquidators class action lawsuits were consolidated into a multidistrict litigation (MDL), or mass tort, and transferred to a Virginia federal court by the U.S. Judicial Panel on Multidistrict Litigation (JPML), alleging that the flooring company sold wood floors containing toxic levels of formaldehyde.

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