Freud America, Inc., which does business as Diablo Tools, makes and sells bonded abrasive wheels, for personal or family use. But the complaint for this class action alleges that the wheels are dangerous, because they do not bear expiration dates. It claims that the company has committed negligent acts, errors, and omissions, because older wheels may break, crack, split, or explode.
The class for this action is all persons who bought a Diablo Tools bonded abrasive wheel for personal or family use.
Diablo Tools makes at least thirty kinds of bonded abrasive wheels. They are used to cut hard materials, like metal or concrete. According to the complaint, they “are attached to power tools, (e.g., angle grinders, chop saws) that spin at speeds in excess of 5,450 RPM to 20,000 RPM[.]”
The complaint alleges that the wheels are defective and not fit for their ordinary function—not because of any particular flaw in manufacturing or function, but because they do not bear expiration dates.
According to the complaint, expiration dates are required by industry standards for these tools. As an example, the complaint quotes the Health and Safety Executive Committee’s handbook, “Safety in the use of abrasive wheels,” as saying, “All organic bonded wheels for hand-held applications will bear a use-by date of three years from the date of manufacture.”
Why are expiration dates necessary? The complaint alleges that the wheels have a shelf life and will expire after that time. It claims that “if the Defective Product is used after the expiration date it will give way, crack, split, explode and fail.” Given the high speeds at which the wheels are used, a breaking or exploding wheel could injure users or others in the vicinity.
The complaint alleges that the company knew about this, knew of the unreasonable risks of using outdated wheels, but failed to warn consumers.
The complaint alleges that the company has violated the Missouri Merchandising Practices Act, by “engag[ing] in unlawful practices including deception, false promises, misrepresentation, and/or the concealment, suppression, or omission of material facts—specifically, the failure to include a clear expiration date…”
It claims that the company “knew of the dangerous condition of said product and supplied it with deliberate and/or intentional disregard for making any warning, instruction, or other precaution to prevent injuries and thereby showed complete indifference to and/or conscious disregard for the safety of others.”
The other counts include unjust enrichment, negligence, and strict liability for design defect and failure to warn.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Diablo Tools Bonded Abrasive Wheels with No Expiration Dates Complaint
April 29, 2022
Freud America, Inc., which does business as Diablo Tools, makes and sells bonded abrasive wheels, for personal or family use. But the complaint for this class action alleges that the wheels are dangerous, because they do not bear expiration dates. It claims that the company has committed negligent acts, errors, and omissions, because older wheels may break, crack, split, or explode.
Diablo Tools Bonded Abrasive Wheels with No Expiration Dates ComplaintCase Event History
Diablo Tools Bonded Abrasive Wheels with No Expiration Dates Complaint
April 29, 2022
Freud America, Inc., which does business as Diablo Tools, makes and sells bonded abrasive wheels, for personal or family use. But the complaint for this class action alleges that the wheels are dangerous, because they do not bear expiration dates. It claims that the company has committed negligent acts, errors, and omissions, because older wheels may break, crack, split, or explode.
Diablo Tools Bonded Abrasive Wheels with No Expiration Dates Complaint