Plaintiffs Can Proceed with Class Action Against Whirlpool in Defective Product Case for Moldy Washers

The US Supreme Court has ruled that consumers may move ahead with a defective product class action lawsuit alleging that some models of washing machine manufactured by Whirlpool developed mold or mildew.

The highest court turned away an appeal from Whirlpool to dismiss the defective product case, filed by Ohio consumers and Sears Holdings Corp. The suit, which covered plaintiffs in six states, alleged that Whirlpool-made machines were defective, because the front-loading washers did not clean themselves effectively and could develop a layer of mold.

Whirlpool claims that only a small number of washers developed “moldy washer” defects, but Sears and the plaintiffs in the defective product class action claimed that there were 800,000 cases featuring similar enough complaints to warrant a class action lawsuit.

The Sears defective product lawsuit covers breach-of-warranty allegations from consumers in six states – California, Indiana, Illinois, Kentucky, Minnesota, and Texas.

The washers had a “uniform design defect that causes them to accumulate mold,” the customers argued. “The defect was present across all machines at the time of sale and rendered them all incapable of performing as warranted.”

“There is a single, central, common issue of liability: whether the Sears washing machine is defective,” Judge Richard Posner wrote for the appeals court.

The Sears defective product allegations also claim that many of the moldy washers have a defective control unit which would cause the machines to shut down unexpectedly.

The Sears v. Whirlpool case is only one defective product lawsuit alleging moldy washers – seven other manufacturers face similar lawsuits. The Whirlpool moldy washers  case covers 200,000 plaintiffs.

Defective Products and Manufacturer Delays

Every year, thousands of people across the country are injured using a wide variety of products.  Those products can range from Chinese Drywall, to Fixodent products, and unfortunately include children’s toys as well. Some injuries can have serious and long-lasting consequences. You may be entitled to compensation if your injury was the result of a defective product.

Companies who put defective products on the shelves should be held accountable.  It’s your right as a consumer to seek justice.  So what do you do?   A defective products attorney can offer you advice, evaluate your product liability claim, and guide you through the process of pursuing legal action.

There are many reasons products are defective:

• Manufacturing Flaw of Defect
• Design Flaw or Defect
• Inadequate Instructions or Warnings

It’s normal to want to immediately call the company and complain, but that can pose some risks of its own.

Often the negligence of the manufacturing company is what caused you harm in the first place.  The risk in contacting the company is that they often request the product back to examine and confirm the defect or dangerous design.  That could erase your best evidence should you need to pursue a legal remedy.  Your personal injury attorney will want the product tested by an independent expert, but it will be too late if you have already returned the product.

The Strom Law Firm Can Help With Defective Product Cases

If you or someone you know has been injured by defective product , such as an inadequate child safety seat or mold from a defective washer, and feel that you may be owed financial compensation, we urge you to contact one of our lawyers as soon as possible. The attorneys at the Strom Law Firm offer free, confidential consultations to discuss the facts of your case.  803.252.4800.