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Burg Simpson Files Product Defect Class Action Lawsuits Regarding UPONOR PEX Leaks

Burg Simpson Files Product Defect Class Action Lawsuits Regarding UPONOR PEX Leaks

By Heidi Culbertson
September 8, 2021
3 min read

Burg Simpson’s Construction Defect department has recently filed class actions lawsuits in Colorado and California against Uponor, Inc., and Uponor North America, Inc. Uponor is a global organization specializing in the manufacture of residential plumbing products and systems.

The lawsuit alleges the blue- and red-colored cross-linked polyethylene tubing (PEX) made by Uponor suffers from design and manufacturing defects that cause premature damage, corrosion, degradation, deterioration, and failure.

According to the complaint, UPONOR PEX piping is predisposed to premature oxidative failure that results in micro-cracking. The resultant cracks continue to grow and spread over time, causing leaks, significant damage to other property, and loss of use of plumbing systems.

The Defendants, Uponor, Inc. and Uponor North America, Inc. (collectively “Uponor”) represented the quality of their product based on their experience as an industry leader and the fact that they are responsible for “approximately one-third of all PEX sold in the United States.” Uponor represented that UPONOR PEX has “superior resistance to stress-crack corrosion” and will suffer “no micro-cracking during expansion.”

The lawsuit asserts that contrary to Uponor’s affirmative statements, Uponor’s PEX tubing suffers from design and manufacturing defects and has caused significant damage to the plaintiffs’ plumbing systems. The complaint also alleges that before designing, manufacturing, advertising/marketing, distributing, and selling UPONOR PEX, Uponor failed to take appropriate steps necessary to ensure that its products were safe for their intended use.

The complaint alleges that beginning in or around 2021, Uponor discontinued their manufacture, distribution, and sale of red and blue UPONOR PEX because of the defects, and misrepresented that the product was being “suspended,” not “discontinued.” The complaint alleges that Uponor concealed the fact that it discontinued the product due to the defects, premature failures, and damages.

Additionally, the complaint alleges that UPONOR PEX will continue to cause plaintiffs and the class to incur damages through no fault of their own and that Uponor failed to fully or adequately compensate property owners who have been injured because of the defective product. As a result, plaintiffs are now seeking relief for the damages they sustained that were caused by using UPONOR PEX in their homes and other structures.

The lawsuit filed by Burg Simpson seeks to represent all persons or entities who own homes or other structures outfitted with UPONOR PEX and to obtain the compensation they deserve.

If you have UPONOR PEX red or blue tubing in your home that was installed in the last 10 years and you have suffered leaks, contact Burg Simpson now for a free consultation at (888) 895-2080.

About Michael Menghini

Michael Menghini is a Shareholder in Burg Simpson’s Construction Defect Litigation Group. His practice focuses on representing clients with claims involving construction defects, construction products liability, association reserves, breach of fiduciary duty, misrepresentation/non-disclosure, and commercial litigation. His clients include community associations, such as homeowner associations and condominium associations, homeowners, and business owners.

Contact Michael Menghini regarding UPONOR PEX leaks at mmenghini@burgsimpson.com

About Penny Manship

Penny Manship has devoted her career to representing plaintiffs in construction defect and class action cases.  She has successfully represented thousands of homeowners and many homeowners’ associations in construction defect claims.  In addition, she has effectively resolved several class action cases involving product defects and consumer fraud claims for the benefit of thousands of homeowners and consumers.

Contact Penny Manship regarding UPONOR PEX leaks at pmanship@burgsimpson.com

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