LOS ANGELES (Legal Newsline) — Whirlpool has responded to a California couple's suit that accuses the company of knowingly selling malfunctioning self-cleaning ovens to consumers.
Reginald Whitley and Joann Whitley of Dana Point, California, filed a class action complaint, individually and on behalf of similarly situated individuals, Sept. 13 in U.S. District Court for the Central District of California against Whirlpool Corporation, alleging breach of implied warranty, design flaw, negligence, product liability and unfair competition.
A representative for Whirlpool told Legal Newsline in an email, “The company evaluates every report that is brought to its attention and will respond accordingly to the Whitleys' lawsuit.”
According to the complaint, the Whitleys suffered financial damages from purchasing a defective Whirlpool self-cleaning oven. The plaintiffs allege Whirlpool failed to equip its ovens with high-quality heat resistant insulation that could withstand the extreme heat produced inside during operation and that it knew about the defect, yet continued to sell the affected models.
The lawsuit contends the affected models are, “Whirlpool or KitchenAid Built-in single, double, or combo wall oven equipped with a high temp self-cleaning cycle,” all self-cleaning wall ovens, and they malfunction when put into self-cleaning mode.
The filing alleges Whirlpool was aware of the design flaws since at least 2011, yet continues to negligently sell the malfunctioning models of defective ovens. The suit says Whirlpool was negligent and responsible under strict product liability laws.
In response to the allegations its ovens were defective and overheated when self-cleaning, a Whirlpool representative sent Legal Newsline the following statement:
“Whirlpool Corporation ovens are tested to leading industry standards in pursuit of quality. This includes a feature to automatically turn off an oven long before it gets too hot.”
The Whitleys seek trial by jury, a court order requiring Whirlpool to notify all class members of the alleged malfunction and to cease the sales of the affected model, and punitive, compensatory and statutory damages. It also demands a recall for the class ovens, disgorgement, restitution, all legal fees and interest, plus all other relief the court deems just. Attorneys Cody R. Padgett, Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy and Karen L. Wallace of Capstone Law APC represent the plaintiffs.
“Whirlpool has a long history of taking care of its customers and never wants them to feel the need to turn anywhere else for satisfaction. Whirlpool encourages consumers with any questions to contact Whirlpool directly at 1-800-807-6777 or 1-800-422-1230,” the Whirlpool representative wrote in an email to Legal Newsline.