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Flushmate Gets Another Product Liability Class Action

The exploding toilets which forced a massive recall for the Flushmate III have led to another product liability class action claim being filed a federal court in Pensacola, Florida on behalf of a man from Escambia County. The defendant is the Flushmate Division of the Sloan Valve Company.

A recall has been issued for around 2.3 million toilets that have been fitted out with Flushmate III, which uses air and water pressure to force a powerful flush. A defect in the product’s design has caused at least 304 toilets to explode.
Fourteen people have suffered injuries and lacerations from the exploding ceramic. One toilet owner claimed to have suffered serious injuries that needed stitches because his toilet exploded while he was sitting on it.

A class-action lawsuit has already been filed in August 2012 against American Standard (America, Inc. - maker of toilets fitted out with Flushmate III) and the Sloan Valve Company in the U.S. District Court for the Central District of California. The class-action claims that the defective toilets can cause serious property damage and personal injury to all the plaintiffs and members of the proposed class.

This latest lawsuit filed in the Pensacola Division of the U.S. District Court for the Northern District of Florida also claims action on behalf of the Escambia County plaintiff and all others similarly situated.

Sloan agreed to send repair kits to everyone who contacted them with a complaint about toilets that used the Flushmate III. However, the plaintiff says the free repair kit sent by the company was faulty and the toilet was not functioning properly anymore. Furthermore, plaintiff still feels the toilet could explode at any time.

The lawsuit also charges that Sloan was notified about the risk of toilet explosions and knew the Flushmate III was defective as far back as 2000, but still provided no warning to consumers.