Class Action Lawsuit Says Conair Hair Dryers Catch on Fire

A new class action lawsuit filed earlier this month accuses Conair Corp. of failing to recall a hair dryer that catches on fire.

Plaintiff Cynthia L. Czuhaj alleges in the Conair class action lawsuit that her Conair Infiniti Pro 1875 watt Salon Performance hair dryer caught on fire less than a year after she bought it. She claims that she was drying her hair in August 2012 when it burst into flames. She alleges that while numerous people have complained of the problem, Conair failed to warn consumers or retailers about the hair dryer’s defect.

According to her class action lawsuit, Conair knew about the 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” when using the product.

Czuhaj purchased the Conair hair dryer from a Sam’s Club store in October 2011. In the class action lawsuit, she says that she selected the product “due to Conair’s representation that the AC motor is powerful, provides fast airflow and lasts up to three times longer than the typical DC motor hair dryers.” In fact, Conair expressly states on the hair dryer’s packaging that it “Guarantees up to 3x longer life.” Conair also provides a four-year warranty for the hair dryer.

Czuhaj says she used the product almost daily for 10 months until the Conair hair dryer caught fire while she was in the process of drying her hair. Terrified by the flames emanating from the product, she dropped the hair dryer on the floor. Her carpet subsequently caught fire and has been permanently damaged. Despite the fact that the product is equipped with an appliance leakage current interrupter and was plugged into a ground fault circuit interrupter, the hair dryer continued to run. According to the class action lawsuit, this defect typically occurs within the first year of use.

According to the Conair class action lawsuit, numerous consumers have filed complaints with Conair and with the U.S. Consumer Product Safety Commission. Czuhaj says that numerous people have complained about the defect on online forums and have openly wondered why Conair does not issue a recall of this dangerous hair dryer. They claim that they would never have purchased the product if they had known that it could ignite during normal use. Some consumers have reported that the hair dryer caught fire even when it was turned off. Despite the high number of complaints, Conair continues to market the product without warning about the fire danger posed by the hair dryer.

In her class action lawsuit, Czuhaj asserted claims of products liability, failure to warn, defective design, breach of warranty and violations of the Song-Beverly Warranty Act, Magnuson-Moss Warranty Act and the Consumer Legal Remedies Act. She wants Conair to actively warn consumers about the product’s dangers and to reimburse class members in the amount they paid for the defective hair dryers. She is seeking compensatory and punitive damages as well as attorneys’ fees.

The putative Class Members include consumers who purchased the Conair Infiniti Pro 1875 watt Salon Performance hair dryer within four years prior to the filing of the class action lawsuit.

Czuhaj is represented by Omel A. Nieves and Katherine J. Odenbreit of Hunt Ortman Palffy Nieves Darling & Mah Inc.

The Conair Hair Dryer Class Action Lawsuit is Czuhaj v. Conair Corporation et al., case number 3:13-cv-01901, in the U.S. District Court for the Southern District of California.

UPDATE: On Sept. 21, 2015, the plaintiffs filed a motion seeking certification of the Conair hair dryer class action lawsuit.

UPDATE 2: 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 3: On July 18, 2016, plaintiffs fought back against a motion by Conair to further narrow the subclasses. 

UPDATE 4: 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 5: The Conair Infiniti Pro Hair Dry Class Action Settlement is now open! Click here to file a claim.