Generac Recall 2023: Lawsuit Claims User Suffered Chemical Burn Due to Faulty Portable Generator
Juliano v. Generac Holdings Inc.
Filed: September 22, 2023 ◆§ 7:23-cv-01329
Generac faces a proposed class action lawsuit after recalling roughly 64,000 portable generators due to concerns that the products’ gas tanks may explode.
Generac faces a proposed class action lawsuit after recalling roughly 64,000 portable generators due to concerns that the products’ gas tanks may explode.
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The 30-page case says Generac recalled the generators on September 14 of this year because their gas tanks can fail to adequately vent from the rollover valve, which can cause the tank to build up excess pressure and expel fuel when opened, posing a significant fire and burn risk.
The recall centered on Generac type GP15000E portable generators with model numbers G0057341, G0057342, 005734R1, and 005734R2, and type GP17500E portable generators with model numbers G0057351, G0057352, 005735R1, and 005735R2.
The Consumer Product Safety Commission has urged consumers to immediately stop using the recalled generators, which reportedly retail for between $3,300 and $3,650 and were sold by major retailers between April 2011 and June 2023, and contact Generac for a free repair kit.
The lawsuit accuses Generac of concealing the fact that the portable generators at issue were “designed and manufactured with defects” and alleges the company “recklessly manufactured and distributed” faulty products to consumers.
The lawsuit was filed on September 22 in North Carolina by a man who says he bought a Generac portable generator to power the equipment inside his ice cream trailer. Per the case, the plaintiff was using the product at an event last October when the generator shut off. After climbing into the bed of his truck, where the generator was sitting, the plaintiff noticed that the generator’s gasoline tank “had ballooned to over at least two times its original size,” the suit states.
Though the plaintiff attempted to release the excess pressure that had built up inside the fuel tank by loosening the gas cap, the sudden release of pressure “caused gasoline to erupt” and cover the man, “in his eyes, his nose, his mouth, and his body – and completely [douse] his clothing in gasoline,” the case claims. The lawsuit says that the plaintiff suffered a rash, skin irritation and a chemical burn due to the incident.
“Had the faulty Generator not shut off, the excess pressure could have resulted in an explosion, causing much more severe personal injuries as well as significant damage to his personal property and the property and persons of those around,” the complaint alleges.
To date, the suit says, Generac has received nearly 30 incident reports of the portable generators overheating and pressurizing or expelling fuel when opened, including three incidents involving severe burn injuries.
The case relays that the only way for the plaintiff to run the generator somewhat effectively during events without pressure building up inside the gas tank is to “start and run the machine with the fuel tank cap loosened to help ventilate the highly pressurized gasoline fumes.”
“Plaintiff has lost, and continues to lose, money because the Defendant’s dangerous and defective Generator shuts down at events, thus leaving Plaintiff unable to operate his ice cream trailer/truck without the Generator,” the suit says.
The lawsuit looks to cover all consumers in the United States who bought a Generac Portable Generator type GP15000E, with model number G0057341, G0057342, 005734R1, or 005734R2, or type GP17500E, with model number G0057351, G0057352, 005735R1, or 005735R2.
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