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Kansas City, MO personal injury attorney Geordie McGonagle talks about a defect in water heaters that caused injuries. He explains that the case centered around a defective dip tube, a component in hot water heaters responsible for regulating water flow and maintaining the correct temperature. The attorney’s father-in-law, who had recently purchased a new home, contacted him after noticing a strange substance coming from the taps. Unsure of the cause, he spoke with his neighbors, who reported the same issue. Initially, he considered suing the home builder to have the pipes cleaned, so he reached out to the attorney, who had recently started a law firm with his former partner.
At the time, the firm was small but had the capacity to take on the case. The team conducted thorough research, consulting plumbing experts from across the country, and discovered that the problem wasn’t confined to the local neighborhood; it was, in fact, a nationwide issue. They traced the source of the problem to a defect in the dip tube of hot water heaters.
The team obtained one of the defective hot water heaters and removed the faulty dip tube. Testing revealed that when exposed to hot water, the tube began to flake off, releasing debris into the plumbing system, which caused numerous problems. In one instance, a home in Pennsylvania required complete re-plumbing due to widespread contamination, a costly and extensive undertaking, especially in an affluent neighborhood.
The firm filed a nationwide class action lawsuit and, during discovery, uncovered that the company responsible for manufacturing the dip tubes had switched to a cheaper polymer material to save a fraction of a cent per tube. The dip tubes, which cost about 10 cents each, were compromised by this change in material, which had not been adequately tested for durability under high temperatures. The company, based in Washington, became the focus of a major class action lawsuit.
The case, Hman v. Perfection, was ultimately successful. The attorney’s father-in-law was satisfied with the outcome, as the issue was resolved and his plumbing was replaced. He also served as the class representative. The case resulted in significant changes for the manufacturer and provided relief for affected homeowners. The attorney’s family was pleased with the resolution, and the case ended on a positive note, especially since the attorney is still happily married to his wife, the father-in-law’s daughter.