Flushmate III Flushing System Recall Sparks Exploding Toilet LawsuitAug 21, 2012 | Parker Waichman LLP
A Las Vegas woman says the fix offered by Sloan Valve Co. on its defective Flushmate III Pressure-Assisted Flushing System is also defective and has sued the company for injuries she suffered when the flushing system caused her toilet to explode.
Earlier this month, the Consumer Product Safety Commission issued a recall along with Sloan on the flushing system that was sold at Home Depot and Lowe’s Home Improvement stores along with toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber. More than 2.3 million of the Flushmate flushing systems were sold in the U.S. from 1997 until 2008. Another 9,000 were sold in Canada.
The recall was necessary because the flushing system was defective and prone to “explosions” that put consumers who used the devices at risk of laceration injuries. The CPSC received more than 300 reports of the flushing system bursting after it was installed in consumer commodes. These incidents resulted in at least 14 “impact or laceration” injuries to consumers who were hit with parts of the toilet dislodged during the “explosion”.
As part of the recall, customers who purchased the Flushmate flushing system were offered a free repair kit. The Las Vegas woman seeking unspecified monetary damages from Sloan says the repair kit offered to consumers is also defective and to fix the flushing system requires a professional plumber who should replace it completely.
The lawsuit she’s filed in a Las Vegas courtroom is seeking class-action status that would include other consumers who were affected by the defective Flushmate III Pressure-Assisted Flushing System.
Sloan is also facing legal trouble from other areas of the country, including lawsuits filed in Los Angeles and San Francisco. One lawsuit against the company seeks at least $5 million in damages caused by the defective flushing system.