Cuisinart Digital AirFryer Toaster Oven Damage to Surroundings Class Action

The Cuisinart Model TOA-65 Digital AirFryer Toaster Oven, a home appliance made by Conair Corporation, gets very hot during use, says this class action. Not just hot to the touch, the complaint says; “they do not include proper or sufficient shielding to prevent burn damage to nearby surfaces despite full compliance by … consumers with the ‘Before First Use’ directions and installation of the Quick Reference Guide.”

The National Class for this action is all persons in the US who, during the fullest period allowed under the law, bought or otherwise acquired a Cuisinart-designed or -made Digital AirFryer Toaster Oven for personal, family, or household purposes that had the defects described in the complaint, and who have had property loss or damage, or loss of use or loss of the benefit of the bargain because of the defects. A California Subclass has also been defined for those who bought the AirFryer in California.

The AirFryers “emanate excessive heat behind and on top of the units…” which can damage nearby cabinets, counters, and walls, the complaint alleges.

Plaintiff Michelle Gonsalves bought her AirFryer on April 29, 2020 and installed it on May 1. The complaint says she “carefully followed the installation instructions contained in the Cuisinart Instruction and Recipe Booklet … since they had recently completed remodeling their kitchen and installing expensive, high-end marble countertops and back-splash.”

Among the things she did according to the instructions were the following:

• She put the AirFryer on her flat, level countertop.
• She put it four inches away from the wall.
• She checked the crumb tray to make sure that it was there and that there was nothing in the oven.
• She inserted the Quick Reference Guide on the bottom of the unit.
• She plugged it in.

On June 15, the complaint alleges, she found a burn on the marble back-splash behind the oven that had not been there before she had used the AirFryer. A couple of days later, she contacted Cuisinart and told them of the problem. Cuisinart, the complaint says, only offered to repair or replace the AirFryer.

The complaint alleges that any statutes of limitations have been tolled because Cuisinart and Conair knew about the problems with the AirFryer and because it misrepresented the AirFryer and concealed or denied the problems with it; and because consumers could not have discovered them on their own before they bought the item. Alternately, the complaint says, the companies cannot rely on the statutes of limitations because of estoppel.

The counts include unjust enrichment, breach of implied warranty, fraudulent concealment, and strict product liability, among other things.

Article Type: Lawsuit
Topic: Consumer
Tags: Defective Home Appliance, Excessive Heat, Fryer, Toaster Oven