A class action lawsuit filed against a manufacturer of a popular water hose alleges the product is defective and did not perform as advertised.
Plaintiffs Michael Carton, Cynthia Finnk, Rocco Lano, Laurina Leato, Marilyn Listander and Roger Mammon filed the lawsuit on Dec. 24 in U.S. District Court for the Northern District of Maryland against Dap Products, Inc., which manufacturers the Xhose and the Xhose Pro. The suit also names National Express, Inc. and RPM International, Inc. as defendants.
The hose is advertised as an alternative to standard garden hoses because it is lightweight and can contract without “kinking,” the lawsuit said. The hose is made out of a thin plastic internal tube with a thin cloth layer on the outside.
“Defendants' marketing and packaging states that the XHose is tough, durable, and long-lasting,” the lawsuit said. “Contrary to defendants' representations, however, the XHose is defective and predisposed to leaking, bursting, seeping and dripping due to no fault of the consumer.”
Finnk claims she purchased two XHose Pros in December 2013 and both eventually exploded while she used them. The company sent her a total of eight replacement hoses after the products continued to explode when in use, according to the lawsuit. The company allegedly refused to give a refund because the 90-day refund period had expired.
The plaintiffs are seeking class status for the suit, which more than $5 million in damages.
The plaintiffs are represented by James P. Ulwick of Kramon & Graham, P.A., and Katrina Carroll and Kyle A. Shamberg of Lite DePalma Greenberg, LLC.
United States District Court for the Northern District of Maryland case number 1:14-cv-04015.