Starr Austen & Miller Investigating Both Exploding Toilets Recall And Its Free Repair Kit

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Scott Starr, of the Indiana law firm of Starr, Austen & Miller, LLP, announced today that the firm is investigating the recall of approximately 2.3 million toilets because of the risk of explosion.

Scott Starr, of the Indiana law firm of Starr, Austen & Miller, LLP, announced today that the firm is investigating the recall of approximately 2.3 million toilets because of the risk of explosion. The Flushmate III Pressure-Assisted Flushing System has been recalled by the company because of a defective flushing mechanism that can cause the toilet to explode, either blowing off the tank lid and/or shattering the tank.

According to the Los Angeles Times, this is a very wide recall, effecting toilets with this flushing system manufactured between 1997 and 2008, and sold at Home Depot, Lowe’s, and also sold to toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas and Gerber.

According to the U.S. Consumer Product Safety Commission there have been 304 reports of toilets bursting because of this defect, with 14 reports of “impact or laceration injuries” for the toilet’s users.

The recall says to call Flushmate to get a free repair kit to fix your own toilet if it is part of the recall. According to Flushmate this repair kit has been designed for people to do themselves, in their own homes. However, there is growing concern amongst some consumers that they do not know how to, or don’t feel comfortable fixing the problem themselves with the kit, which means hiring a plumber with the time and expense that entails according to KTVU.

Scott Starr states, “There are really two issues raised from the facts as presented. First, there is the main products liability issue involved in the design or manufacture of a toilet which can explode with flushing. Clearly, this is an unacceptable consequence and must be fixed and addressed immediately.” He went on to explain the second issue as well. He stated, “The second legal issue raised is the adequacy of the recall response with this ‘free repair kit.’ Potentially, the damages that can result from such an explosion, both in terms of physical or property damages, could be quite large.”

If your toilet has exploded, causing either property damage or personal injury to you or someone else in your home, you may be able to seek legal recourse in the form of a product liability lawsuit. Talk to an experienced products liability attorney who can help you understand your options.

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Mark Fryman
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