The flushing mechanisms in question were sold at Home Depot and Lowe’s, but were also supplied to toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber between 1997 and 2008. The name of the mechanism is Flushmate III Pressure-Assist Flushing System, and about 2.3 million have been recalled in North America.
Flushmate has issued a recall on the devices, and will send out a repair kit to anyone who owns a toilet containing that flushing mechanism. Many people say this does not go far enough. David M. Birka-White, a California lawyer in a class action lawsuit against Flushmate, notes that the repair kit addresses only the actual explosion, not the issue of leakage that causes the explosion. More than that, owners of these toilets must pay for any incurred repair costs themselves – often almost as much as purchasing a new toilet.
For a free legal consultation, call 412-661-1400
If you own one of these toilets, it is strongly suggested that you turn off water to the toilet immediately, then call 1-800-303-5123 for your repair kit. If you are injured, you should contact an attorney to review your options and evaluate the strength of your defective products case.