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Alleges failure of control panel and magnetron
A class action lawsuit filed in federal court in Michigan claims that certain
models of
GE microwave ovens are prone to burst
into flames without warning.
The suit alleges that the defect lies in the control panel and magnetron, which
generates the actual “micro waves” within the oven. The suit claims that GE
“should have known these microwave ovens were defective since at least 2003.”
Although the suit doesn't give the exact model numbers of affected microwaves,
20 models in the “Spacemaker” or “Over-the-Range” lines are implicated.
At least three fires – one in Michigan and two in Ohio – have been reported as a
result of the faulty microwaves. One of the Ohio incidents showed how
unpredictable these fires can be. Ann Mau's microwave wasn't even turned on, yet
it burst into flames and sent smoke billowing into the hallway. Mau was lucky
she was home; as she told a local television affiliate, “The firefighter told us
five more minutes [and] we would have lost our whole first floor.”
In a letter mailed to Cincinnati's local ABC affiliate, GE claimed that, “these
types of random failures are rare and do not indicate a systemic problem.” It
also refused to admit that the fire in Mau's house was due to a malfunction,
claiming that “we are also looking at other information.”
GE claims that it only received 13 reports of fire or smoke last year, out of
over 12 million microwaves in use. However, ConsumerAffairs.com has received at
least 18 complaints regarding GE microwave fires in the past year.
Connie of Chelsea, OK writes that, “The whole right inside [of my microwave]
made a loud pop and caught on fire while making popcorn. Called GE and explained
the situation and they were going to be more than happy to fix it but it would
cost me a trip charge plus parts. I explained I was only out of warranty by 6
months. She said she was sorry but could do nothing.”
Ethel of Virginia Beach, VA recalls a similar frightening experience: “We
smelled burning wires, turned off the circuit breaker to the house and called
911. Three fire trucks arrived to look for the cause. As it turned out the
microwave was the cause.”
Like Mau, some consumers experienced a fire when their microwave was sitting
idle. This was the experience of Ronald of Saline, MI: “The GE microwave caught
on fire while NOT in use ... Smoke damage, scorched cabinets. Microwave
destroyed.”
The lead plaintiff in the Michigan action, Tim Hennigan, owned a GE microwave
which he purchased in February 2001. In June 2008, the microwave turned itself
on, and immediately began sparking and emitting smoke. The control panel failed
and could not be used to turn the microwave off; Hennigan finally managed to
stop the fire by shutting off power to the kitchen. As a result, the suit
claims, “Mr. Hennigan suffered smoke-related damage and he incurred additional
replacement costs for his microwave.”
Consumers who buy new houses should be especially careful, as the Spacemaker
microwaves often come pre-installed over the oven. As Marney of Springdale, AR,
writes, “We bought this house in October and the kitchen comes with a full line
of cheap GE appliances.”
The suit also names as a defendant Samsung, which designed and manufactured key
parts of the microwaves.
The action defines a class of all individuals who have owned a GE-brand
microwave since January 2000, and alleges counts in negligence, strict
liability, unjust enrichment, failure to warn, Michigan consumer laws, and
breach of express and implied warranties.
The suit is being prosecuted by Hassan Zavareei of Tycko & Zavareei in
Washington, D.C.
This is not the first suit alleging defects in GE microwave ovens. A suit filed
by Horwitz, Horwitz & Paradis of New York claims that in certain models, the
magnetron simply fails after a period of time, rendering the ovens useless.
The Consumer Product Safety Commission (CPSC) has asked anyone with complaints
to file them at
www.cpsc.gov.
Complaints: GE Microwave Ovens/Fires
Complaints: GE Microwave Ovens/Heating Failure
Complaints: GE Microwave Ovens/Other Problems
2007: GE Kenmore Microwave Combo Wall Ovens
Recalled
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Wednesday May 20, 2009, 12:57 pm EDT
WASHINGTON, May 20 /PRNewswire/ -- On May 19, 2009,
a lawsuit was filed against the General Electric Company and Samsung
Electronics, Inc. in connection with GE-branded microwave ovens. The lawsuit
seeks certification of a nationwide class on behalf of persons who have owned a
GE-branded microwave oven manufactured on or after January 1, 2000.
According to plaintiff's counsel, Hassan Zavareei, "The lawsuit alleges that GE
and Samsung were responsible for the design, manufacturing, branding, marketing,
and sale of microwave ovens that contained a defect that made the microwave
ovens unreasonably dangerous. Because of the defect, the microwave ovens are
susceptible to activating on their own, leading to smoke and potentially
extensive fire damage. We also allege in the Complaint that Defendants were
aware of the defect no later than 2002 but failed to take the necessary
corrective measures or to warn consumers." The lead
plaintiff, Timothy Hennigan, purchased a GE-branded microwave oven in February
of 2001. In June of 2008, Mr. Hennigan's microwave began running completely on
its own, causing the emission of sparks and smoke. As a result, Mr. Hennigan's
home suffered smoke-related damage, and his microwave oven could no longer be
used. Through their investigations, lawyers for the putative class have
uncovered dozens of reports of similar incidents across the country, including
incidents that led to hundreds of thousands of dollars in property damage and
pet fatalities. The Complaint seeks, among other
things, compensatory damages, restitution, and a permanent injunction.
The lawsuit is captioned Hennigan. v. General Electric Co. & Samsung Electronics
America, Inc., and was filed in federal court in the Eastern District of
Michigan. Plaintiff is represented by the Washington, D.C. law firm of Tycko &
Zavareei LLP, and The Miller Law Firm of Rochester, Michigan. A copy of the
complaint can be downloaded from the Tycko & Zavareei LLP website,
www.tzlegal.com
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