Whirlpool Settles for $11.5 Million Over Defective Cooktops in U.S.

Whirlpool has agreed to pay a civil penalty of .5 million to settle charges from the U.S. Consumer Product Safety Commission (CPSC) concerning its delayed reporting of hazardous glass cooktops. The cooktops in question, which fall under the JennAir, KitchenAid, and Whirlpool brand names, had the alarming tendency to activate on their own, thereby posing risks of burns and fires.

The CPSC revealed that it had received numerous consumer complaints about these self-starting cooktops as far back as November 2017 and into 2019. Despite being aware of the issue, Whirlpool reportedly delayed notifying authorities. By the time the company reported the matter, there were already 157 complaints on record, including 14 cases that resulted in property damage, four instances of ignited objects, and two minor burn injuries.

In response to the growing concern, Whirlpool and the CPSC initiated a recall of approximately 26,300 defective cooktops in August 2019. As part of the settlement, Whirlpool has committed to enhancing its oversight mechanisms to ensure adherence to federal consumer safety regulations.

Although the Michigan-based appliance giant did not concede guilt, it opted for the settlement to sidestep the expenses and complexities linked to a legal battle. In an official statement, Whirlpool asserted that it had taken “appropriate” steps in managing the defect, including the initiation of a Fast Track recall program overseen by the CPSC. The company has also contacted affected cooktop owners, offering complimentary appliance replacements.

What Types of Damages Could Be Pursued in a Civil Lawsuit Filed Against Whirlpool?

If individuals or entities were to file a civil lawsuit against Whirlpool over the hazardous cooktops, several types of damages could potentially be pursued, depending on the circumstances and the jurisdiction. These could include:

1. Compensatory Damages: These are intended to compensate the plaintiff for actual losses incurred. In the case of the Whirlpool cooktops, compensatory damages could cover the cost of the appliance, any repairs or replacements, as well as medical expenses for burn treatments.
2. Property Damages: If the cooktop malfunction led to a fire that damaged or destroyed other property, plaintiffs might seek damages to cover the repair or replacement costs of that property.
3. Pain and Suffering: Plaintiffs who sustained burns or other injuries might be able to claim damages for pain and suffering. This could extend to emotional distress, if applicable.
4. Lost Wages: If injuries caused by the cooktop led to missed work, plaintiffs might be able to claim lost wages.
5. Punitive Damages: These damages are intended to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future. Given that Whirlpool reportedly knew about the cooktop issue and did not immediately report it, plaintiffs might seek punitive damages, although the availability of such damages often depends on the jurisdiction and the specifics of the case.
6. Legal Fees and Costs: Plaintiffs could also seek to have Whirlpool cover their legal expenses incurred during the lawsuit.
7. Product Recall/Replacement Costs: If the product was recalled and the customer had to go through the hassle of returning the appliance and getting a new one, some jurisdictions might allow for damages related to this inconvenience.
8. Consequential Damages: These are indirect damages that are a “consequence” of the incident, such as costs associated with the disruption of everyday life caused by the malfunctioning cooktop.
9. Wrongful Death: In the most severe cases, if a malfunctioning cooktop led to a fire that caused a fatality, the surviving family members might file for wrongful death damages.

The Process of Filing a Product Liability Lawsuits Concerning Dangerous Whirlpool Cooktops

Filing a product liability lawsuit for dangerous or defective products like Whirlpool cooktops involves multiple steps. The process may vary depending on jurisdiction and the specific circumstances of your case. Below is a general outline:

1. Consult with an Attorney: Before taking any legal action, consult an attorney experienced in product liability cases. They can evaluate your case to determine its merits and advise you on how to proceed.
2. Gather Evidence: Collect all the evidence related to the defective cooktop. This may include photographs, medical reports, and purchase receipts. Any communication between you and Whirlpool, or any other involved parties, should also be preserved.
3. Preliminary Investigation: Your attorney will conduct a preliminary investigation to establish the defect and the resulting harm. This often involves consulting with experts in the field, such as engineers or medical professionals, to strengthen the case.
4. Filing the Complaint: Once the attorney believes there is sufficient evidence for a case, they will file a complaint against Whirlpool. The complaint will outline the basis for the lawsuit and specify the damages being sought.
5. Pre-Trial Phase: After the complaint is filed, both parties engage in “discovery,” where they exchange evidence and information. This can include interrogatories, depositions, and document requests. Settlement discussions may also occur during this phase.
6. Negotiation and Settlement: Many product liability cases are settled before going to trial. If Whirlpool offers a satisfactory settlement, you may choose to accept it, thereby ending the legal process.
7. Trial: If a settlement isn’t reached, the case goes to trial. Your attorney will present the evidence, call witnesses, and argue your case. The defendant will have the opportunity to present their own evidence and arguments. Finally, the judge or jury will issue a verdict.
8. Appeal: Depending on the outcome, either party may choose to appeal the decision. Appeals can prolong the case significantly and incur additional costs.
9. Compensation: If you win the case, you may be awarded various types of damages, as outlined earlier. These could include compensatory damages, punitive damages, and possibly legal fees, among others.
10. Closing the Case: Once all appeals are exhausted or if a settlement is reached, the case is closed.

Laws and procedures differ by jurisdiction, and victims should contact our law firm for a free consultation.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like this defective product. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).