A proposed class action alleges Lowe’s Harbor Breeze Kingsbury ceiling fans suffer from an “identical design defect” that can cause the product’s heavy glass light globe to fall from its housing.
The 18-page lawsuit out of New York claims the potential for the ceiling fans’ light globe to fall poses an “extraordinarily dangerous” hazard considering its weight and the fact that it’s made of glass that is prone to shatter. Per the suit, the apparent defect poses an impact and laceration risk.
Moreover, the lawsuit claims Lowe’s October 2020 recall of the product, initiated over the serious injury risk, was a “sham” in that the only remedy offered to consumers was the ability to contact the product manufacturer and request a new instruction manual. The recall included no financial compensation to Harbor Breeze ceiling fan buyers, the complaint says.
The plaintiff, a Pine Bush, New York resident, claims the light globe of the Harbor Breeze ceiling fan “malfunctioned” shortly after he bought the product. The suit says the plaintiff stopped using the ceiling fan because its light globe would not stay on and wobbled when the product was in use.
“This defect rendered the Product unsuitable for its principal and intended purpose,” the lawsuit claims. “Further, had Plaintiff been aware of this serious defect, he would not have purchased the Product, or would have paid significantly less for it.”
According to the lawsuit, Lowe’s “profited enormously” from its sale of Harbor Breeze Kingsbury ceiling fans in that the home improvement retailer reportedly sold 280,000 units at a price of approximately $230 each.
Stressed in the complaint is that the product is unsafe to operate as intended given the defect supposedly involves a “critical safety-related component.”
Of last fall’s recall, the lawsuit alleges Lowe’s only intended to “say it was doing right by its customers” while continuing to protect its profits by suppressing returns.
“The recall remedy was grossly insufficient because it in no way compensated consumers for the purchase of a dangerous and defective product,” the lawsuit reads, stating that Lowe’s website contained but a “small, inconspicuous” link to recall information buried among “a lengthy list of other links.”
According to the complaint, Lowe’s received reports from consumers about issues with the Harbor Breeze ceiling fan “[y]ears before issuing the recall” as the United States Consumer Products Safety Commission website lists complaints dating back to at least 2015.
The suit looks to represent consumers across the country who bought the product.
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