A Class Action Lawsuit refers to any lawsuit that is filed with a court. It is one of the most common reasons people file for personal injury compensation. Dishwasher injuries are included in such lawsuits. This article will give you an idea what is involved when filing for a Class Action Lawsuit.
Whirlpool has admitted their role in the injury of over two thousand citizens. In this regard, they have agreed to pay more than three hundred million dollars in personal injury damages and more than four hundred thousand in property damage. A Class Action Lawsuit can either be an individual lawsuit or collective lawsuit. In a Class Action lawsuit, one or more persons may file suit individually. On the other hand, in a collective lawsuit, several individuals who have filed suits together must file for the same claim.
In this Whirlpool Dishwasher Class Action lawsuit, a citizen has been injured as a result of the manufacturer’s defect of manufacturing a defective electronic control board. The defective component in question was the defective Whirlpool electronic control board. The defective Whirlpool electronic control board caused excessive electrical currents which resulted in the shorting out of the circuit breaker and fried the electrical wiring in the appliance. When the electrician repaired the appliance, he discovered that the short was due to the defective Whirlpool electronic control board. Subsequently, he signed a written contract with the Whirlpool Company whereby the company admitted liability and promised not to sell or install any further defective Whirlpool electronic control boards.
Plaintiffs were able to recover their damages through the class action. The defendant humbly tried to avoid the case being classed as an individual action, but the court denied their motion. Plaintiffs claimed that the Whirlpool Company was aware that it was selling a defective dishwasher and yet chose to include the Whirlpool Dishwasher Class Action lawsuit as a class action, thereby making the dishwasher defective from the point of view of safety. Specifically, Plaintiffs argue that a design defect existed when the Whirlpool Company used a two-sided metallic shaft seal on the dishwasher to prevent water from leaking from the dishwasher onto the floor. The two-sided shaft seal was susceptible to damage if the dishwasher was placed on a hard, flat surface.
The manufacturer of the dishwashers, Whirlpool, admitted liability and agreed to pay a substantial settlement sum to resolve the claims. However, Whirlpool did not admit any wrongdoing when it was found that the two-sided metallic shaft seal included in dishwashers was susceptible to damage if the dishwasher was placed on a hard, flat surface. The manufacturer also agreed to include warnings on its repair manuals that would allow users to prevent damage to the two-sided shaft seal. Nevertheless, the class action lawsuit remains unresolved.
Plaintiffs are attempting to force Whirlpool to resolve this issue by filing a new class action lawsuit based on the same cause of damage. If the company fails to resolve the case before the expiration of the statute of limitation, then plaintiffs may file another claim form. Plaintiffs expect to receive a potential award of one billion dollars if they win the class action lawsuit. Although the claim form is not a binding contract, the potential award is quite substantial. If you or a friend are a victim of defective Whirlpool Dishwashers, it’s very important that you contact a qualified personal injury attorney immediately.