‘Useless at Best, Dangerous at Worst’: Class Action Claims Breville Smart Oven Air Fryer Pro Can Explode, Catch Fire [DISMISSED]
Last Updated on April 14, 2023
April 14, 2023 – Breville Smart Oven Air Fryer Class Action Voluntarily Dismissed
The proposed class action detailed on this page was voluntarily dismissed without prejudice by the plaintiff on March 21, 2023.
The plaintiff’s two-page notice of voluntary dismissal does not state a reason as to why they elected to toss the case.
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A proposed class action claims certain Breville Smart Oven Air Fryer Pros are defective in that the product’s front window can spontaneously explode while the oven is in use.
The 58-page case says Breville Smart Oven Air Fryer Pros bearing the model number BOV900BSSUSC pose a severe safety hazard to anyone standing near the product since its window is predisposed to burst without warning or action from the user.
Upon shattering, the convection oven, which reportedly retails for nearly $400, can launch glass fragments “hot enough to melt the sealant on concrete countertops” as far as 15 feet, the suit alleges, adding that the product is also “frighteningly” prone to catching on fire.
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Even if a consumer wishes to continue using the oven after the window has shattered, the product cannot maintain temperatures hot enough to cook food properly, the lawsuit says. As the case tells it, the apparent defect renders the Breville oven “useless at best and dangerous at worst,” the case stresses.
The complaint relays that the explosions, which have been reported to occur as early as weeks after purchase, are triggered when nickel sulfate within the glass matrix expands over time and stresses the surrounding glass until the window shatters. Breville is allegedly aware of the problem yet has refused to issue a recall or fully refund consumers, the lawsuit adds.
Worth the hype?
Thousands of consumers have bought the $399.95 Smart Oven Air Fryer Pro under the reasonable impression that Breville offers high-quality products that are safe for use, the case states. Indeed, Breville has gained consumers’ trust over the past several decades by marketing its high-end, luxury appliances as designed and manufactured with “the safety of you, our valued customer, foremost in mind,” the filing says.
And, at first glance, the oven appears to live up to the brand’s well-regarded reputation, the complaint shares. At nearly 40 pounds and large enough to hold a 14-pound turkey, the premium convection oven has the “capacity and robust functionality” to operate in place of a full-sized oven, the suit relays. In fact, the product’s fan system heats food more quickly than a traditional oven, the complaint explains, and with 13 different preset features, the machine can air fry, broil, bake, roast and dehydrate, among other functions.
The plaintiff, a California consumer, was enticed by Breville’s advertisements touting the product’s “reliability, durability, and superiority over competitive offerings,” the suit relays. The case claims, however, that these representations proved false when the consumer’s oven caught fire and the window glass spontaneously exploded soon after she bought the Breville product in May 2018.
The suit contends that although the product may be comparable to a traditional oven, its life expectancy is nowhere near the reported average 13-year lifespan of an electric range since the defect makes it prone to premature failure.
Breville won’t recall the defective oven, case says
The complaint charges that Breville knew, or should have known, that the oven presents a significant risk of personal injury and/or property damage based on pre-release testing data, in addition to an influx of negative online complaints, warranty claims and repair orders. Review sections on Amazon.com and Breville’s website feature numerous accounts of consumers who say they were misled into purchasing an unsafe product, the filing shares.
According to one Amazon commenter [sic throughout]:
The front glass unit shattered and popped to outside with 3 uses of roasting (using the exact preset setting). I didn’t see any indication of this when we first inspected the unit. This could have potentially hurt my family if anybody had been near the thing. At our first use, I was actually standing right in front of the glass to see how it works and I don’t want to imagine what could have happened there. Those 400 degree glass pieces right into my face.”
Despite the concerning complaints, Breville has not recalled the product, the case states. The lawsuit asserts that Breville has a “duty” to disclose the defect to consumers but has instead chosen to actively conceal the problem.
Additionally, the company has refused to refund customers’ purchases in full or cover their warranty claims, forcing buyers to pay out of pocket to remedy its “mistakes and malfeasance,” the lawsuit argues.
“When Defendant repairs the Oven after the glass breaks or shatters, it fails to properly attribute the failure to the Defect, and merely replaces the defective glass door with an identical, equally defective part, which does not prevent the recurrence of the issue,” the filing adds.
Per the complaint, the plaintiff and other affected individuals would not have purchased the oven had they been aware of the alleged defect.
Who does the case look to cover?
The lawsuit looks to represent anyone in the United States who owns or owned a Breville Smart Oven Air Fryer Pro, model number BOV900BSSUSC.
I have a Breville Smart Oven Air Fryer Pro. How do I join the lawsuit?
There’s nothing you need to do to join or be included in a proposed class action lawsuit when it’s first filed. If the case moves through the legal process and settles, those who have been affected, i.e., the “class members,” may be notified directly and will likely need to fill out and file a claim form online or by mail.
If you’ve bought a Breville Smart Oven Air Fryer Pro, or simply want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter.
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