Defective Product: Exploding Toilets an Injury Risk

More than 300 toilets have exploded in recent months resulting in at least one serious injury. The cause of the explosion is a faulty flushing mechanism produced by Flushmate, and damage has varied from simple broken toilets to actual personal injury – one man received dozens of stitches after sustaining a laceration when the porcelain exploded while he was using the toilet.

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.

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.

Source:http://www.businessinsider.com/exploding-toilets-prompt-5-million-lawsuit-2012-8