GRAND RAPIDS, Mich. (Legal Newsline) - Whirlpool Corporation has won dismissal of a class action lawsuit over burner knobs that allegedly would activate burners when lightly touched.
Michigan federal judge Jane Beckering ruled on June 23 that plaintiffs had standing to pursue the claims but they failed to state a claim, rejecting 10 counts from a lawsuit similar to those filed against Samsung and LG.
Beckering found the plaintiffs failed to give Whirlpool an opportunity to correct the alleged defect, even though they argued that would have been futile because Whirlpool had known about it for years and failed to remedy the situation.
To state a claim under the Magnuson-Moss Warranty Act, a plaintiff must present a sustainable claim for breach of warranty.
"There is no dispute that none of the plaintiffs provided Defendant an opportunity to cure the defect," Beckering wrote.
"Plaintiffs do not allege that they attempted to return or repair the ranges, and, in fact, continue to use their ranges. Further, Plaintiffs have not addressed futility beyond a single conclusory statement that '[a]ffording Whirlpool a reasonable opportunity to cure its breach of written warranties would be unnecessary and futile here.'
"Such conclusory allegations are insufficient to state a claim upon which relief can be granted."
Whirlpool also argued against alleged reports with the Consumer Product Safety Commission and the claim that online reviews would notify it of the alleged defect and pointed out the complaint contains no allegations of personal injury or property damage. The plaintiffs merely claim they wouldn't have purchased or paid as much for the ranges had they known of the alleged defect.
Whirlpool said the plaintiffs ignored warnings in the ranges' manuals about the possibility of gas leaks and placing flammable materials on or near the cooktop.
"Plaintiffs neither allege facts nor provide information to support the conclusory assertion that the complaints were sent to Defendant by the CPSC, nor that the complaints contained sufficient information to put Defendant on notice of the alleged safety implications of the defect," Beckering wrote.
"Last, while some of the consumer complaints in this case date back to 2016 or 2017, a large majority of the complaints were all later in time than the date Plaintiffs purchased their respective ranges."