Case Against Electrolux over Dangerous Dishwashers will Proceed
Federal Judge John Z. Lee partially rejected a motion to dismiss the case against Electrolux over allegations that their dishwashers can spontaneously combust in an opinion issued on August 28, 2017.
The case against Electrolux alleges that certain models of dishwashers sold under the Frigidaire or Electrolux brand name contain a dangerous defect in that the electrical system can overheat, causing a fire capable of burning holes through the dishwasher and surrounding area.
Electrolux attempted to dismiss claims of breach of implied warranty of merchantability, as well as various state liability and warranty laws in Indiana, Ohio, Washington, and California. Electrolux argued that its expressly limited one-year warranty should exempt them from the breach of implied warranty claim from residents of California, Ohio, and Indiana. Electrolux also stated that the statute of limitations granted the company protection from claims issued by residents of Washington.
Judge Lee rejected Electrolux’s argument on several grounds, stating that the paperwork provided to consumers do not satisfy legal requirements to justify dismissal, and “are likely outside the scope of the court’s inquiry and the pleading stage.”
Judge Lee also determined that the documents Electrolux cited in its defense “are not central to the plaintiffs’ complaint.”
Regarding the Washington state claims, Judge Lee noted the plaintiff’s allegations that Electrolux fraudulently concealed the defect would establish tolling the statute of limitations, and determined that those considerations should be made at trial rather than a dismissal motion.
Plaintiffs in this case are represented by Edward A. Wallace and Adam Prom of Wexler Wallace LLP, Gregory Coleman and Lisa White of Greg Coleman Law PC, and Shanon Carson and Arthur Stock of Berger & Montague PC.