Electrolux, Frigidaire, Kenmore Defective Self-Cleaning Gas Oven Class Action

In June of 2015, plaintiffs Shelley and Robert Stewart bought a new Kenmore Elite gas oven, made by Electrolux. Electrolux is the world’s second-largest maker of appliances, so it might have seemed to them like a dependable choice. Three months later, though, the complaint for this class action alleges, Shelley turned on the self-cleaning feature, then came back a few hours later to find that the oven was no longer working. According to the complaint, the high temperatures of the oven’s self-cleaning function had fried the oven’s thermostat.

The class for this action includes

• All persons in the US who,
• During the fullest period allowed by law,
• Bought or acquired primarily for personal, family, or household use
• An Electrolux-designed or -manufactured oven range
• Having the defect described,
• Who have had any property damage, loss of use, or loss of benefit to the bargain, as a result of the defect.

There is also a California subclass that includes

• All persons in California who,
• During the fullest period allowed by law,
• Bought or acquired in California primarily for personal, family, or household use
• An Electrolux-designed or -manufactured oven range
• Having the defect described,
• Who have had any property damage, loss of use, or loss of benefit to the bargain, as a result of the defect.

Electrolux makes oven ranges that are sold under the Electrolux, Frigidaire, and Kenmore brand names. A 2007 study by the National Association of Home Builders claims that the life expectancy of a gas range is fifteen years; a 2011 Appliance Market Research Report says that the life expectancy range for gas is from fourteen to twenty-two years.

The Stewarts’ gas oven range lasted only three months.

When they called the store, the complaint claims, it knew about the issue but told them that their oven was out of warranty, so that they would have to pay to have it fixed. The repairman who examined it told them that the oven has a thermostat that does not support the high temperatures reached when the self-cleaning function is engaged. He replaced the thermostat for $184.37, but told them that they should not use the self-cleaning function.

The oven has inherent design and manufacturing flaws, the complaint alleges, because it cannot support all of its own functions. The complaint claims that Electrolux knew about the defect even before it put the oven on the market, and that its after-market testing should also have warned it that the oven had an electrical system problem. The complaint claims that Electrolux tracks returned products and parts, that its quality engineers monitor customer complaints, and that given how quickly the product could fail, it should have known about the defect long before the Stewarts bought their oven.

The complaint therefore alleges that Electrolux has engaged in fraudulent concealment, along with violations of various other laws, such as the federal Magnuson-Moss Warranty Act and California’s False Advertising Law.

Article Type: Lawsuit
Topic: Consumer
Tags: Appliances, Defective Home Appliance, Oven, Your Home