Class Action Lawsuit Alleges Insinkerator Garbage Disposal Leaks
by Brian Eckert
A defect causes Insinkerator garbage disposals in the Badger series to corrode, leak, fail prematurely, and damage surrounding property, consumers claim.
Two plaintiffs have filed a class action lawsuit against Insinkerator seeking to recoup the costs of replacement and repairs they say are caused by design flaws the manufacturer concealed.
Anyone with a malfunctioning Badger model Insinkerator garbage disposal may be eligible to join this lawsuit and receive the benefits of a verdict or settlement achieved by Milberg class action attorneys.
What is This Lawsuit About?
For more than a decade, consumers have been complaining that certain Insinkerator Badger model garbage disposals fail during normal use, often within a few years, even though the industry standard service life of a garbage disposal is around 12 – 15 years.
The Badgers that the Plaintiffs and Class Members purchased contained a Defect that caused each of them damages including water damage to cabinetry and flooring, loss of the product, loss of the benefit of their bargain, and other property damage.
According to Milberg’s lawsuit, Insinkerator previously stated on its website that the average service life of a garbage disposal is 6 – 8 years, but since the lawsuit was filed, this information has been removed. Instead, the company now refers consumers to the exact durational term of each warranty, which in the case of the Badgers is from 1 to 7 years.
However, Badgers have a demonstrated track record of failing earlier than would reasonably be expected, based not only on industry accepted predicted life expectancy, but also on Insinkerator’s earlier representation. Failure often occurs after the Insinkerator warranty has expired, shifting the cost of replacing defective Badgers to consumers, in addition to the costs of leak-related property damage
How is the Badger Garbage Disposal Defective?
Insinkerator has sold the Badgers since the 1990s. They retail for approximately $100 – $200 and are marketed as long-lasting units made with “Rugged Galvanized Steel Construction (For Disposer Durability).”
But the construction of these garbage disposals is allegedly defective and leads to corrosion of their components. As detailed in the complaint, the grind assembly of these units, made with a zinc-covered mild galvanized steel, is prone to corrosion. During typical use, food particles and dishwashing detergents degrade the zinc coating, exposing the underlying steel. The steel then corrodes, which causes leaks in the grind assembly, premature failure, and water damage to cabinetry and flooring.
Insinkerator could have alternatively used stainless steel components in the Badgers and avoided these problems, the complaint states. Higher-end Insinkerator garbage disposals utilize stainless steel components, and these models are similarly priced to similar Badger models.
Which Badger Garbage Disposal Units Are Affected?
The Badger garbage disposals at issue in the lawsuit are:
- Badger 1
- Badger 1XL
- Badger 100
- Badger 5
- Badger 5XL
- Badger 5XP
- Badger 500
- Badger 5XP [100 and 900]
The following disposal models are rebranded Badger disposals with the same non-stainless-steel components and also named in the litigation:
- Ace models 2000 and 3000
- Home Depot/Wilmar/Interline Premier models
- Evergrind models E101, E102 and FWD-1
- Westcraft models 7507312, 7507336, 7507302 and 7507306
- Whirlpool models GC1000PE, WG1202PH, GC5000XE, WG1202XH and GC1000XE
What Are Consumers Saying About Badger Garbage Disposals?
The lead plaintiffs in Milberg’s lawsuit say that the Badgers installed in their residences did not operate properly for their expected lifespans, and that Insinkerator knew—or should have known—that the models were defective. The defect is not something they could have discovered independently prior to purchase, the plaintiffs add.
Numerous other consumers have reported incidences of Insinkerator garbage disposal leaks comparable to those of the plaintiffs. For example, there are many customer reviews on Amazon that mention rusting, leaking, repairs, replacement, and damage to surrounding floors and cabinets.
This disposal was bought in 2018 and now only four years later has developed a large crack in the upper housing. Judging by the amount of rust it has been leaking for awhile before being finally discovered. Quality control issue I think judging by the other reviews of the same thing happening.
These complaints date back to at least 2011. Insinkerator’s responses to customer complaints strengthen the claim that they were aware of the defect but did remedy or disclose it.
In some cases, Insinkerator has denied warranty claims related to leaking. And when the Badgers malfunctioned and were replaced under warranty, the replacements contained the same defect, so they were not a sufficient remedy.
Who Can Join This Class Action?
If you purchased a Badger garbage disposal, acquired one as part of a home purchase or remodel, or received a Badger as a gift, you may be eligible to join this lawsuit.
How Much Can Class Members Recover?
If the lawsuit results in a verdict or settlement, class members may be eligible to receive money to pay for costs related to garbage disposal replacements and property damage. The lawsuit could also force Insinkerator to correct the alleged design defect.
Do I Have to Hire a Lawyer?
Milberg is your attorney in this case. We are representing all class members on a contingency basis. That means we advance the costs of litigation and only get paid if we recover money for the class.
If the court approves the lawsuit, and you meet eligibility criteria, you are automatically in line to receive an equitable share of any settlement or verdict.
Since 1965, Milberg has filed thousands of class action lawsuits and recovered billions of dollars for our clients.