Sears settles lawsuit over possibly unstable ovens - InspectionNews

Brian Hannigan · #1 (**permalink**) 02-20-2008, 04:30 PM

If there is any question as to who actually makes money on a class-action suit, read the last paragraph of this story.

Sears settles lawsuit over possibly unstable ovens -- South Florida Sun-Sentinel.com

Jim Luttrall · #2 (**permalink**) 02-20-2008, 04:40 PM

Quote:

Sears will offer to fix all brands of its freestanding or slide-in kitchen ranges in as many as 3.9 million homes by bolting them to a wall or floor.

Roughly $4.38 per stove in attorney fees plus $50 minimum to each stove owner would be $212 million . I'll bet it would have been cheaper to install the brackets the first time.

Jerry Peck · #3 (**permalink**) 02-20-2008, 06:34 PM

How about this for attorney's fees: After Tobacco Settlement, Florida Battles Its Lawyers - New York Times

From the 3rd paragraph:

The tobacco companies agreed to pay $11.3 billion over 25 years to Florida, and the state's contract with the lawyers gave them a 25 percent contingency fee if they won.

If I recall correctly, the attorneys ended up splitting $1.2 BILLION.

Joe Griffin · #4 (**permalink**) 02-21-2008, 10:34 AM

Brian, good post. I have been following this closely.

I check for this bracket on every inspection. What I find is 1 out of 10 actually have the bracket installed. 3 out of 10 have the bracket in the wrapper, usually in a nearby drawer.

I supply the buyers with this photo and PDF link to drive the point home.

http://www.consumerfed.org/pdfs/Stov...ease040507.pdf

To all new inspectors: You should be checking for this. Open the range door and exert some light pressure on the open door and the front lip of the range. If it tips forward without stopping after about 1/2" of lift, write it up.

Eric Van De Ven · #5 (**permalink**) 02-26-2008, 04:53 AM

There is an easier and safer way to check for the bracket. Remove the lower storage door and look for the bracket. You may also discover that there are other things wrong. I have found plumbing leaks, and almost half of the outlet covers are missing.

You can also grab the back of the range top and gently pull forward.

If you open the door and press down on it, you may break the door glass or damage the hinges.

Joe Griffin · #6 (**permalink**) 02-26-2008, 07:46 AM

Eric, I agree you can see things behind the stove by removing the drawer.

Out of hundreds of stoves I have tested by exerting light pressure on the door AND the front lip together, I have never damaged a stove.

You need to visually impact the buyer by showing them how easy this can happen. They are usually very surprised when the stove almost tips completely over. Almost all of the pressure I exert is on the front upper lip of the stove, and very little on the door. The door needs to be able to support the weight of loaded pans at least. I exert a lot less presssure than that.

Although I have never damaged a stove by tipping, I have had some drawers that would not go back together, or were broken to begin with.
I generally do not disassemble things for this reason. You almost always get blamed even if you didn't break it.

Rick Hurst · #7 (**permalink**) 02-26-2008, 03:38 PM

I actually inspected a home recently here in the metroplex for the attorney who represented the first lawsuit regarding the anti-tip device.

His client was awarded 30 million in the lawsuit and he (the attorney) is still paid to watch over the money (forget the term) till this young person reaches 21 years of age.

He showed me some pictures that was used as court evidence that would make any HI never miss checking for the anti-tip again.

And guess what was missing on his Viking range on the new home. You got it.

rick

David Banks · #8 (**permalink**) 02-26-2008, 03:47 PM

Quote:

Originally Posted by Rick Hurst

I actually inspected a home recently here in the metroplex for the attorney who represented the first lawsuit regarding the anti-tip device.

His client was awarded 30 million in the lawsuit and he (the attorney) is still paid to watch over the money (forget the term) till this young person reaches 21 years of age.

He showed me some pictures that was used as court evidence that would make any HI never miss checking for the anti-tip again.

And guess what was missing on his Viking range on the new home. You got it.

rick

Rick. Did he tell you before you found the missing anti-tip bracket?

Rick Hurst · #9 (**permalink**) 02-26-2008, 03:52 PM

Dave,

I've known this attorney for quite some time and knew he was involved in the case.

He just couldn't discuss the court trial while it was going on.

Actually when I told him the anti tip was missing, he actually burst out laughing about it and called the builder immediately.

The contractor was back at the house installing it before I finished my inspection.

rick

Matt Fellman · #10 (**permalink**) 03-01-2008, 11:45 PM

This is one of those moments where you can make people think you have superhuman powers.... While standing in a new house kitchen you walk up and pull the range... it's moves. You then predict that you will open the drawer to the right of the range and there will be a bracket taped to the manual..... Poof! There it is.... we HI's are just magical.