Another Class Action Alleges Whirlpool-Made Dishwashers Suffer from Leakage Defect [UPDATE]

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Yet another proposed class action alleges “more than 900 models” of Whirlpool-made dishwashers, including some sold under the KitchenAid, JennAir, Kenmore and Maytag brands, are plagued by a uniform defect that can cause the machines to leak and damage property. 

The 45-page lawsuit, filed on April 16 in California, alleges the following dishwasher brands and model numbers were equipped with a pump motor diverter shaft seal that fails at its primary job—to keep the dishwashers from leaking: 

The complaint, whose allegations mirror those in a proposed class action filed last September, says the diverter shaft seal in the above dishwasher models is “uniformly defective” in that it is incorrectly oriented, which speeds up degradation of the seal and creates a buildup of debris that prevents the shaft seal spring from properly sealing the diverter shaft and sump. As a result of the apparent defect, affected dishwashers can and have experienced “significant leakage” through their diverter shaft seal, with water flowing out of the dishwasher to areas below and surrounding the machine, the lawsuit says, noting the damage consumers may incur to cabinetry, flooring and other property.

According to the suit, a dishwasher’s diverter shaft seal is part of its sump assembly, which can be found at the bottom of the machine’s tub and is responsible for collecting and distributing water throughout the dishwasher during cleaning. Per the case, the sump collects and holds water below the dishwasher tub, and the diverter shaft directs the collected water into the spray arms while the diverter shaft seal prevents leaks between the sump and tub. 

“In other words, the Diverter Shaft Seal’s main purpose is to prevent the dishwasher from leaking and causing damage to consumers’ homes, yet it is defective and fails in its singular purpose,” the suit alleges. 

The root of the alleged defect, according to the case, lies within Whirlpool’s manufacturer’s instructions for the diverter shaft seal. Per the lawsuit, the instructions state that the seal is to be affixed in an orientation toward the tub so that there’s protection from hot soapy water and debris during cleaning, and a complete and properly functioning seal. The inverted positioning of the seal, however, exposes it to hot soapy water and debris, which builds around the seal as it begins to degrade and allows water to leak between the sump and tub, the lawsuit says. Water will eventually leak through the entire unit and onto floors and inside cabinetry, the complaint states.

The lawsuit alleges defendant Whirlpool Corporation has known for at least eight years that the above-listed dishwasher models suffer from the diverter shaft seal defect yet has failed to remedy the problem or inform consumers of its existence. Instead, Whirlpool has placed the pricey burden of addressing the apparent defect on consumers, who in return often receive replacement parts hampered by the same problem, the suit claims:

“Despite its knowledge of the Diverter Shaft Seal Defect for many years, Whirlpool routinely denied knowledge or existence of the Defect, and instead placed the burden of paying for the Defect on consumers by requiring consumers to pay for a full sump assembly replacement with a Diverter Shaft Seal for approximately $60-$75. Even more, Whirlpool fails to reimburse consumers for labor costs associated with replacing the defective Diverter Shaft Seal, which is approximately $200.00 or more. And, upon information and belief, the replacement sump assembly that Whirlpool sells to consumers contains the same Diverter Shaft Seal Defect as the one in the original Dishwasher sold to consumers.” 

Damage caused by the alleged defect is not noticeable until it has spread to surrounding floors and cabinetry, the case states. 

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