Flushmate Exploding Toilets Lead to $18M Class Action Settlement

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Class action settlement will provide compensation for owners of a Flushmate toilet system linked to reports of exploding toilets.

On Friday, a group of plaintiffs filed an unopposed motion to settle a class action lawsuit involving allegations that Sloan Valve Company manufactured and sold pressurized flushing mechanisms that caused toilets to explode.

After nine months of negotiations and four all-day mediation sessions, Sloan offered $18 million to settle the class action lawsuit. Under the terms of the class action settlement, consumers who own or previously owned toilets with the Flushmate System will receive cash relief. The settlement fund may increase if more money is necessary to satisfy property damage claims after the fund has been exhausted.

The proposed Flushmate settlement will resolve five federal class action lawsuits that allege the Flushmate Systems may unexpectedly leak and/or burst. “A burst may result in shattering of the porcelain fixture, with a risk of other property damage and personal injury,” the settlement document says.

“The cash payments available under the settlement will fairly and substantially reimburse Settlement Class Members for expenses related to the repair or replacement of their Flushmate toilets,” the class action settlement agreement says. “This settlement enhances the relief available pursuant to Flushmate’s ongoing Consumer Product Safety Commission Recall, which provides a free Repair Kit to consumers upon request, but does not include cash compensation for installation, repair, or replacement costs. The proposed settlement provides compensation for owners of Flushmate toilets and promotes consumer safety.”

The Flushmate exploding toilet lawsuit was initially filed in 2012. The original complaint involved the Series 503 Flushmate III Pressure-Assist Flushing System, manufactured by Sloan. The plaintiffs allege that the Flushmate system consists of a pressurized tank, made of two plastic halves that are welded together. The tank is placed inside a traditional porcelain toilet fixture and forces water into the toilet bowl when flushed. In some cases, the pressurized air within the tank exerts such pressure that the plastic halves separate at the seam, causing leaks and bursts that can damage the toilet and potentially cause property damage or personal injury.

Sloan allegedly marketed these flushing systems as more effective and efficient than traditional toilets. The plaintiffs allege that Sloan failed to disclose the safety hazard. Had they known about the dangers posed by the Flushmate system, they say they would not have purchased the toilets. According to the class action settlement document, Sloan issued a recall of the Flushmate system on June 21, 2012, “due to impact and laceration hazards.”

Under the terms of the proposed Flushmate class action settlement, Class Members include any person who owned a Flushmate system or Flushmate toilet installed in the United States between Oct. 14, 1997 and June 30, 2009.

To be eligible for compensation, Class Members must have also installed a repair kit, installed a replacement toilet, and/or sustained property damage due to a leak or burst in the Flushmate system. It is estimated that eligible Class Members will receive $50 per Flushmate toilet, with an extra $25 per Flushmate toilet installed at the same address.

Class Members who experienced shattered toilet fixtures or property damage due to a leaking or burst system will be eligible to receive complete recovery of all reasonable and documented unreimbursed expenses under the proposed Flushmate class action settlement.

UPDATE: Details on how to file a claim for the Flushmate toilet class action settlement are now available. 

The plaintiffs are represented by Robert J. Nelson, Kristen Law Sagafi, and Jordan Elias of Lieff Cabraser Heimann & Bernstein LLP; David M. Birka-White, Stephen Oroza and Mindy M. Wong of Birka-White Law Offices; Jordan Lucas Chaikin of Parker Waichman LLP; Charles E. Schaffer and Brian F. Fox of Levin Fishbein Sedran & Berman; Eric D. Holland of Holland groves Schneller & Stolze LLC; and Mark John Geragos of Geragos and Geragos PC.

The Flushmate Exploding Toilet Class Action Lawsuit is United Desert Charities, et al. v. Sloan Valve Company, et al., Case No. 2:12-cv-06878, in the U.S. District Court for the Central District of California.

UPDATE: Details on how to file a claim for the Flushmate class action settlement are up!