Another class action lawsuit has been filed over Flushmate toilet flushing systems, which were recalled in June 2012 over reports of causing exploding toilets.
The latest Flushmate class action lawsuit was filed on behalf of a Florida plaintiff who purchased a Series 503 Flushmate III Pressure-Assist Flushing System in June 2007. When the plaintiff contacted Flushmate this September about the recall, he was sent a “free repair kit.” According to the class action lawsuit, however, the plaintiff still feels that his toilet may explode without warning and that the so-called “repair kit” is faulty, as the toilet no longer works.
The company recalled over 2.3 million Flushmate III Pressure-Assisted Flushing Systems in June 2012 over reports the unit can burst due to pressure that builds up near the vessel weld seam.
“This pressure can lift the tank lid and shatter the tank, posing impact or laceration hazards to consumers and property damage,” according to the U.S. Consumer Product Safety Commission (CPSC).
The Flushmate class action lawsuit alleges the company knew about the defect as early as 2000, but failed to warn consumers, even after receiving hundreds of reports of exploding toilets.
At the time of Flushmate recall, the company had received 304 reports of exploding toilets causing property damage. In 14 cases, the customers were injured due to the impact or lacerations. The recalled systems were manufactured between October 14, 1997 and February 29, 2008 and sold at stores such as Home Depot and Lowe’s. The Flushmate III was also sold to toilet manufacturers including American Standard, Crane, Eljer, Gerber, Kohler, Mansfield and St. Thomas. Flushmate has advised customers to turn off the water supply leading to the systems.
This is the second Flushmate exploding toilet class action lawsuit to be filed alleging the product is defective and presents a safety hazard.
The first case, filed August 9, 2012, is called United Desert Charities v. Flushmate a/k/a Sloan Valve Company, et al., Case No. 12-cv-6878, U.S. District Court, Central District of California.
The second Flushmate class action lawsuit is Case No. 12-cv-00531-RS-EMT in the U.S. District Court for the Northern District of Florida, Pensacola Division.
UPDATE: Details on how to file a claim for the Flushmate class action settlement are up!
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2 thoughts onNew Flushmate Exploding Toilet Class Action Lawsuit Filed
UPDATE: Details on how to file a claim for the Flushmate class action settlement are up!
I also have this flushmate and was sent the “free repair kit” I am still afraid to use.