Whirlpool Gas Range Knobs Can Be Turned On Inadvertently Class Action

Whirlpool Corporation makes all kinds of home appliances, including gas ranges under the Whirlpool, Maytag, KitchenAid, JennAir, Amana, Roper, Admiral, Affresh, and Gladiator brands. This class action concerns certain of the gas ranges which have front-mounted burner control knobs which can too easily turn on the burners.

A class and a subclass have been defined for this action:

• The Nationwide Class is all residents of the US and its territories who bought a new range, or otherwise acquired a range, primarily for household use and not for resale.
• The New Hampshire Subclass is all residents of NH who bought a new range or otherwise acquired a range, primarily for household use and not for resale. This subclass includes any state implied warranty claim that is materially identical to New Hampshire’s law of implied warranty, any state express warranty claim that is materially similar to New Hampshire’s law of express warranty, and any state consumer fraud claim that is materially similar to New Hampshire’s law of consumer fraud.

The problem with the ranges, the complaint alleges, is the result of the low detent (catch that prevents motion until released) force and tiny distance the burner control knobs need to travel to be turned to the ‘on’ position, which is inadequate to prevent unintentional actuation.” This means, the complaint says, that the knobs can be pushed in and turned very easily, so that the gas can be turned on inadvertently.

The complaint also alleges that the knobs do not have any guard to prevent this kind of unwanted activation. It also says that, when ranges have oven handles which might help guard the knobs, their designs make them ineffective, particular for the outer knobs.

According to the complaint, this makes the ranges hazardous and creates a safety risk for owners.

The complaint alleges that Whirlpool has known about this defect since at least 2018, including via incident reports to the Consumer Product Safety Commission (CPSC) and complaints and reviews pertaining to the ranges.

The complaint reproduces postings from the CPSC and reports sent to Whirlpool, including one that says, “…If the control knobs are slightly bumped they turn on! It DOES NOT click or give any notice that it has been turned on … so gas fills the house, until you smell it!! … The last time this happened, we had 40 guests in our basement & it wasn’t until someone went upstairs that we realized 2 burners had been bumped on….”

The complaint alleges, “A range that turns on without a consumer’s knowledge has no value because it cannot be used safely.”

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of Implied Warranty, Breach of warranty, Defective Home Appliance, Fraud by Omission, Range, Unjust Enrichment