A class action lawsuit, alleging that LG Electronics USA Inc. and Sears Holdings Corp. sold defective washing machines has been filed in California. The lawsuit alleges that the washing machines that were manufactured and sold were not accurately represented. They were touted as being “high efficiency” machines, featuring extra high spin speeds of 1,050, to 1,100 revolutions per minute. But according to the lawsuit, instead of providing high efficiency cleaning, the washing machines actually fell apart when turned to these high speeds.
There were two washing machines named as defective in the class action lawsuit. They were LG models WT5001CW, WT5101HV and WT5101HW; and Kenmore Elite brand models 29002, 29272 and 29278.
LG recalled about 457,000 washing machines in December 2012. And the lead plaintiff in this lawsuit claims that she had purchased a kenmore Elite washing machine in November 2011 at the purchase price of $579.99 in Hayward, California, in a Sears store. But only after the company began receiving reports in the hundreds of washing machines that caused minor property damage and one report of personal injury, did the company issue the recall. After recalling the washing machines, the US Consumer Product Safety Commission (CPSC) then noted that the defective designs actually posed a personal injury risk as well as a risk of property damage. The lawsuit discusses the defects in the design of the machines, stating “the defective machines have the same inherent design defects that cause them to shake and vibrate excessively during use due to unbalanced loads that cause internal parts to come loose.”
The class action lawsuit also alleges unjust enrichment, violation of the Magnuson-Moss Warranty Act, breach of warranty, violation of California’s Consumer Legal Remedies Act, the Unfair Competition Law, the Song-Beverly Consumer Warranty Act, and California’s False Advertising Law.
Selling defective or harmful products is unacceptable. Issuing a recall once it becomes apparent that there is a defect in a product is in the best interests of everyone involved. Failing to issue a recall and warn consumers of potential risks, leaves companies open to lawsuits that could cost significantly more than a recall. And if it is discovered that a company was aware of the defect or potential harm that a product can cause, yet does nothing, a judge may order the company to pay punitive damages.
Consumers have every right to expect a product to perform in the manner that was described or advertised. Misrepresenting a product is also unacceptable. A company must adequately test the product that they manufacture in order to ensure that it is capable of providing the service it was designed to perform. Consumers believed they were purchasing high performance machines, but instead the machines fell apart.
When a company misrepresents a product or sells an unsafe product it is important that they be held accountable for their actions. Anyone who has suffered injury or loss as the result of a defective or misrepresented product should contact a class action attorney to discuss legal options.
