Widespread Toilet Recall Makes for Interesting Legal Case

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Aug 29, 2012

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A recent toilet recall and related lawsuit may have you rethink how safe you feel in your bathroom.   Earlier this month, a Las Vegas woman filed a lawsuit against toilet manufacturer Flushmate for injuries suffered when her toilet malfunctioned and caused her an undisclosed harm.

As a result of this lawsuit, several hundred incidents, and 14 reported injuries, the U.S. Consumer Product Safety Commission has issued a warning and a recall of Flushmate toilets.  Apparently, the flushing mechanism in the toilet can be defective, and cause the toilets to leak or even explode and cause “impact or lacerations injuries” for the unfortunate user.

Although the thought of exploding toilets is somewhat humorous, Flushmate could have a real problem on its hands.  Product liability law allows for parties injured in the normal use of a product to sue for any harm they suffer.  Any person who has been injured by an exploding Flushmate toilet could file a defective product lawsuit against the manufacturer, the maker of the part, and even the store selling them the toilet.  Products liability law places liability on a number of defendants because an injured consumer deserves compensation.

Additionally, whenever a large scale recall of a product has been initiated, it is likely there is a large group of potential defendants gathered who already have cause for a legal case.  Flushmate faces a possible class action lawsuit from a large group of defendants who have been injured using their product.

This bizarre scenario serves as a reminder that everything we use has at one point been manufactured, and can contain a defect.  Although we are protected by regulations that ensure adequate testing before a product is introduced to the market, even the products we least expect to contain defects can.  If you are injured by any household product, no matter how embarrassing the injuries, be sure to contact an experienced personal injury attorney right away.

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