SAN FRANCISCO (Legal Newsline) – Two California consumers allege a chainsaw they purchased from Harbor Freight Tools has a defective power switch.
George Olmos and Franklin Caraballo filed a complaint on behalf of all others similarly situated on Aug. 15 in the U.S. District Court for the Northern District of California against Harbor Freight Tools USA Inc. alleging breach of implied warranty of merchantability and other counts.
According to the complaint, the suit states the defendant sells and manufacturers Portland, One Stop Gardens and Chicago Electric 14-inch electric chainsaws that have the identical design defect of a malfunctioning power switch. The suit states the malfunctioning switch allows the blade to keep operating after the switch is turned to the off position.
The plaintiffs hold Harbor Freight Tools USA Inc. responsible because the defendant allegedly breached the warranty of merchantability because the products were not fit for ordinary purposes for which they were used.
The plaintiffs request a trial by jury and seek compensatory and punitive damages in amounts to be determined by the court and/or jury, prejudgment interest, an order of restitution and all other forms of equitable monetary relief, an order requiring defendant to undertake a corrective measures to notify consumers about the dangers of using the products, attorneys’ fees and expenses and costs of suit.
They are represented by L. Timothy Fisher and Joel D. Smith of Bursor & Fischer PA in Walnut Creek, California and Scott A. Bursor of Bursor & Fischer PA in New York.
U.S. District Court for the Northern District of California case number 3:18-cv-04986-SK