Kidde Fire Extinguishers Fail in Emergencies Class Action

Fire extinguishers are generally only used in emergency circumstances, so malfunctions can be very dangerous. The complaint for this class action alleges that plastic-handle and Pindicator fire extinguishers, from Carrier Global Corporation and Walter Kidde Portable Equipment, Inc., have nozzles that can detach, become clogged, or require excessive force for discharge, so that they fail to operate in an emergency.

The class for this action is all persons in the US who bought the products at issue. California and Florida Subclasses have also been proposed.

Kidde is owned by Carrier Global, which has brands in three areas: HVAC, refrigeration, and fire and security. According to the complaint, Kidde describes itself as “one of the world’s largest manufacturers of fire safety products … to protect people and property from fire and related hazards.” Its website says it is “committed to ensuring [its] products are safe and dependable, especially those related to life safety, such as … fire extinguishers.”

One of the two plaintiffs in this case, Janet Taylor, bought a Kidde fire extinguisher for her home—an H110G with a plastic handle. In the spring of 2020, Taylor’s son was in their garage, working on his motorcycle, when a fire broke out. The son called out to her, asking her to bring the extinguisher.

She did, but when she followed the instructions, pulling the pin and squeezing the handle, the complaint alleges, “a small drizzle came out and otherwise stopped. As the flames continued to rise, Plaintiff Taylor grabbed baking soda and a water hose and successfully suppressed the flames.”

The complaint claims that Kidde has received many complaints about its fire extinguishers’ failure to perform when needed. According to the complaint, the problem “has led to at least 16 reports of personal injury, including one fatality, and 91 reports of property damage.”

In addition to the clogging, problem, the complaint alleges, “Each fire extinguisher substitutes important metal components such as the handle or push button with cheaper and less reliable plastic handles or plastic push buttons.” It claims Kidde has known about these problems for years, yet has continued to sell the defective fire extinguishers.

The complaint reproduces complaints to the Consumer Products Safety Commission (CPSC) about failures of various Kidde fire extinguishers.

The complaint alleges that Kidde’s February 2015 recall was “woefully inadequate” and left millions of defective fire extinguishers still on the market and in use by consumers, until its more effective November 2017 recall.

In December 2015, the complaint alleges that the Department of Justice and CPSC “filed a complaint against Kidde for failing to inform the CPSC in a timely manner about problems associated with Kidde’s fire extinguishers” and for underreporting the risks associated with the products.

The counts include breaches of warranties and violations of state consumer protection laws, among other things.

Article Type: Lawsuit
Topic: Consumer
Tags: Defective Product, Fire Extinguisher