Weyerhaeuser TJI Flak Jacket Joists Off-Gas Formaldehyde Class Action

How do you remedy a situation that involves a house’s support structures? The complaint for this class action alleges that certain Weyerhaeuser Company’s joists, used in building houses in Ohio and throughout the US, emit toxic gases that are harmful to humans.

Two classes have been proposed for this action. The Nationwide Class is all persons and entities who own or signed contracts to buy home or other structures in the US where Weyerhaeuser TJI joists with Flak Jacket Protection are or were installed. An Ohio Class, similar to the nationwide class, has also been proposed.

At issue are Weyerhaeuser’s TJI Joists with Flak Jacket Protection. The complaint quotes the company’s website and materials as saying that the joists had “[a]ll the quality and cost-efficiency you expect” from the company’s products. The company allegedly marketed them with a fully transferable warranty against “manufacturing defects” for the lifetime of the structure in which they were installed. The Flak Jacket coating was intended to improve the joists’ fire resistance.

Plaintiff Michael and Courtney Walker own a home in Lithopolis, Ohio that was built in 2017 with these joists. They moved in with their baby on June 29, 2017. 

Unfortunately, the joists’ Flak Jacket coating contains a resin that off-gasses formaldehyde. 

On July 18, they were told that there was a “chemical leakage” in the house, but they were not relocated at that time. During their forty-two days in the house, Mrs. Walker and the baby had symptoms of formaldehyde exposure, including irritated eyes, headaches, nausea, and so on. 

On August 10, Weyerhaeuser relocated the family to temporary housing, where they stayed for 134 days while a cyroblasting procedure was used to remedy the problem. 

The complaint details the Walkers’ concerns. First, they say they incurred extra expenses in the relocation, including additional time and expense taking care of their daughter, commuting to work, and communicating with the company. Second, they allege that the presence of the defective joists has lowered the resale value of their home. 

But there’s another issue. The lifetime warranty limits recovery to the “reasonable cost of labor and material for repair or replacement of the covered Joists, not to exceed 3 times the original purchase price of the Joist.” This is not enough, the complaint says, to properly repair or replace the joists. Weyerhaeuser’s remediation for the Walkers’ home consisted of scraping and cryoblasting most the Flak Jacket coating off the joists and then applying a paint coating. 

The complaint claims there is no guarantee that the remediation will be adequate. The Walkers say that their home will need long-term monitoring to make sure that formaldehyde does not off-gas at harmful levels again. 

Finally, the Walkers are concerned about the long-term effects of off-gassing they experienced, especially on their less-than-a-year-old daughter. They allege that they will need medical monitoring to make sure that there are no long-term health effects.

The complaint alleges breaches of warranty and negligence, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Weyerhaeuser TJI Flak Jacket Joists Off-Gas Formaldehyde Complaint

November 12, 2018

How do you remedy a situation that involves a house’s support structures? The complaint for this class action alleges that Weyerhaeuser Company’s TJI joists with Flak Jacket Protection, used in building houses in Ohio and throughout the US, emit toxic formaldehyde gas that is harmful to humans.

weyerhouser_joists_complaint.pdf

Case Event History

Weyerhaeuser TJI Flak Jacket Joists Off-Gas Formaldehyde Complaint

November 12, 2018

How do you remedy a situation that involves a house’s support structures? The complaint for this class action alleges that Weyerhaeuser Company’s TJI joists with Flak Jacket Protection, used in building houses in Ohio and throughout the US, emit toxic formaldehyde gas that is harmful to humans.

weyerhouser_joists_complaint.pdf
Tags: Defective Product, Hazardous or Toxic Materials, Joists