Flushmate had received 304 reports of the units exploding, causing property damage. In 14 cases, the customers were injured due to the impact or lacerations.
New York, New York (PRWEB) November 15, 2012
Parker Waichman LLP, a national law firm dedicated to protecting the rights of consumers from faulty and dangerous products, has filed a class action lawsuit alleging that the Series 503 Flushmate® III Pressure-Assist Flushing System, also known as the Flushmate Flushometer Tank is defective and presents a safety hazard due to the risk of explosion. The suit was filed on November 2nd in the U.S. District Court for the Northern District of Florida, Pensacola Division (Case 3:12-cv-00531-RS-EMT). Flushmate, a division of Sloan Valve Company, has been named as the Defendant.
The class action suit was filed on behalf of a man from Escambia County, Florida who purchased a Flushmate III in June 2007 and all others similarly situated. When the Plaintiff contacted Flushmate this September, the company sent him a “free repair kit.” According to the complaint, however, the Plaintiff still feels that his toilet may explode without warning. Furthermore, he alleges that the so-called “repair kit” is faulty, as the toilet is no longer fully functioning.
In June 2012, over 2.3 million Flushmate III Pressure-Assisted Flushing Systems were recalled in the US. According to the U.S. Consumer Product Safety Commission (CPSC), the unit can burst due to the 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.” CPSC stated. At the time, Flushmate had received 304 reports of the units exploding, 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 including The 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.
The lawsuit alleges that the Flushmate III poses a safety hazard because the unit can burst at any time. Allegedly, failure of the units can lead to substantial property damage, serious physical injury including to the Plaintiff and members of the proposed class. The suit also alleges that Flushmate knew about the defect as early as 2000, but failed to warn consumers, even after Flushmate was repeatedly placed on notice of the serious risk that the toilets installed with Flushmate Systems may explode.
Parker Waichman LLP continues to offer free lawsuit consultations to consumers who purchased a Series 503 Flushmate® III Pressure-Assist Flushing System, also known as the Flushmate Flushometer Tank System. For more information, please visit the firm's Flushmate III Product Liability Lawsuits page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Jordan Chaikin, Partner