Makita Bonded Abrasive Wheels Unclear Expiration Dates Class Action

Makita USA, Inc. makes some thirty kinds of bonded abrasive wheel products under various brand names: Bauer, Warrior, Hercules, and Chief. These wheels are used to cut metal and concrete, but the complaint for this class action alleges that these products are “unreasonably dangerous” because their expiration dates are noted in a way that the average consumer is unlikely to see or understand.

Page 6 of the complaint shows two Makita bonded abrasive wheels. The complaint alleges, “Buried in the ring of the first wheel is a combination of numbers and a letter: ‘V10 2018.’” The complaint claims that Makita “failed to disclose the meaning to consumer. No reasonable customer could understand or know that this is an expiration date.”

The expiration date is important, because if the wheel is used after that date, it may “give way, crack, split, explode, and fail.” Because the wheels are used when they are spinning at very high speeds, this may be dangerous to those using the wheels or those in the immediate vicinity. The complaint alleges that the company, by not making the expiration date for the product clear to customers, has failed to warn them about the risks of using expired wheels.

The complaint alleges that industry standards require that such wheels must bear a clear expiration date.

For example, the complaint quotes a Health and Safety Executive Committee handbook as saying, “All organic bonded wheels for hand-held applications will bear a use-by date of three years from the date of manufacture.” The complaint further claims that the Federation of European Producers of Abrasives also sets an expiration date of three years for these items.

Even worse, the complaint alleges, “On information and belief, [Makita] is currently selling abrasive wheels that have already expired” or nearly expired.

Two classes and two subclasses have been defined for this action:

• The first Nationwide Class, based on claims of unjust enrichment, negligence, or breach of implied warranty, is all customers who bought any of the defective products in the US within the applicable statute of limitations.
• The first Missouri Subclass, based on claims of unjust enrichment, strict liability—design defect, strict liability—failure to warn, negligence, or breach of implied warranty, is all persons who bought any of the defective products in Missouri within the applicable statute of limitations.
• The second Nationwide Class, based on claims of unjust enrichment, violations of the California Consumer Legal Remedies Act, negligence, or breach of implied warranty, is all persons who bought any of the defective products in the US for personal, family, or household purposes within the applicable statute of limitations.
• The second Missouri Subclass, based on claims brought under the Missouri Merchandising Practices Act and for unjust enrichment, strict liability—design defect, strict liability—failure to warn, negligence, or breach of implied warranty, is all persons who bought any of the defective products in Missouri for personal, family, or household purposes within the applicable statute of limitations.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of Implied Warranty, Design Defect, Failure to Warn, Negligence, Unjust Enrichment