Whirlpool Class Action Lawsuit Alleges Leaky Dishwasher Defect

Consumers have been subject to the costs of a leaky dishwasher, along with repairs to property caused by resulting water damage, according to a new class action lawsuit filed against Whirlpool.

Lead plaintiff, Elisabeth Cleveland, contends that the company, along with its subsidiaries, KitchenAid, JennAir, Maytag, and Kenmore, knew or should have known about the defect that causes dishwashers to leak water all over consumers’ floors and cabinets.

The Whirlpool class action lawsuit says that Whirlpool has known of the defect for a minimum of eight years, in fact, but has failed to remedy the problem.

Cleveland alleges that she purchased a Whirlpool Model WDF760SADW2 in 2016. She says that she spent more money on what she thought was a high-end appliance in the hopes it would last longer and not need many repairs.

However, a few short years later, Cleveland says the dishwasher began leaking so badly it had to be taken out for repairs. In addition to discovering the defect that causes the leaks, Cleveland claims that the grout under her appliance was damaged.

“The dishwashers were and are equipped with a pump motor diverter shaft seal…oriented incorrectly, accelerating degradation of the seal and creating a buildup of debris that prevents the shaft seal spring from properly sealing the diverter shaft and sump,” explains the Whirlpool class action lawsuit.

The diverter shaft is located at the bottom of the dishwasher tub and is a part of its sump assembly. This piece of the dishwasher is responsible for holding and spraying water while the device is running, further notes the plaintiff.

“Whirlpool designed and manufactured the sump and diverter motor pump assembly with the seal affixed in an inverted position, which exposes it to hot soapy water and debris,” alleges the Whirlpool class action lawsuit. “As the debris builds and the seal degrades, water begins to leak between the sump and the tub, eventually leaking through the entire unit and onto floors and inside cabinetry.”

As a result of this defect, a leaky dishwasher can lose a substantial amount of water through the seal, causing damage to a consumer’s property.

The class action lawsuit points out that Whirlpool, along with its subsidiaries, sells a number of models affected by the alleged defect. The leaky dishwashers are reportedly sold as “high end” models and run from between $500 and $700 each.

Further, the company touts the long service life of its dishwashers, claiming that most do not need a repair for the first 18 years of service. However, the allegedly defective dishwashers often fail within the first four years of service, contends the class action lawsuit.

In addition, the plaintiff says that Whirlpool fails to honor the terms of its warranty when consumers are faced with property damage and other repairs caused by the defect. The complaint points out that Whirlpool’s express warranty states that the company will pay for replacement parts and repairs related to defects in its dishwashers; however, Whirlpool has refused to pay for damages caused by the defective dishwashers within the warranty period.

According to the Whirlpool class action lawsuit, after initial consumer complaints about the defective dishwashers, Whirlpool offered to replace a seal at the cost of less than $10. However, the company has continually upped the cost of repairing the dishwasher for consumers. Indeed, the company stopped selling the seal and instead began offering the entire sump assembly at a cost of $60 to $75, not including installation.

Now, contends the class action lawsuit, consumers are offered a full sump assembly with a new diverter shaft seal at a cost of more than $200, including installation costs. This can amount to one-third of the cost of the dishwasher, points out the complaint. Further, many repair companies are hesitant to replace the sump assembly, alleges the complaint, because of concerns that the defect is still present in the new parts, leaving consumers with a dishwasher that still leaks.

The Whirlpool class action lawsuit argues that consumers had no way of knowing that the high-end dishwashers they purchased were defective and that they faced not only the cost of repairing the machine, but also property damage.

The plaintiff says that she and other consumers would not have purchased the product had they known of the defect and the problems it would cause.

Cleveland seeks to represent other consumers who purchased Whirlpool’s defective dishwashers. She is seeking damages for the defective machines and related repairs.

Did you purchase a leaky dishwasher? Tell us what happened in the comment section below!

The plaintiff is represented by Michelle J. Looby and Raina Borrelli of Gustafson Gluek PPC, Harper T. Segui and Daniel K. Bryson of Whitfield Bryson LLP, Gregory F. Coleman, Rachel Soffin, and Lisa A. White of Greg Coleman Law PC.

The Whirlpool Leaky Dishwasher Class Action Lawsuit is Cleveland v. Whirlpool Corp., Case No. 0:20-cv-01906-WMW-KMM, in the U.S. District Court for the District of Minnesota.

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