This case concerns cross-linked polyethylene plumbing tubes (“PEX Tubing”), the brass fittings required to connect the PEX Tubing together (“PEX Fittings”), and the stainless steel clamps (herein “PEX Clamps”) required for joining the PEX Tubing and PEX Fittings. As discussed below, the PEX Tubing, the PEX Fittings and the PEX Clamps at issue are all manufactured or distributed by Defendant NIBCO, Inc. (“NIBCO” or “Defendant”) and suffer from undisclosed design and/or manufacturing defects that inevitably cause them to fail prematurely Specifically, the PEX Tubing suffers from a design and/or manufacturing defect because it is prone to premature oxidative failure and creep rupture.
As alleged in the complaint, the PEX Fittings suffer from a design and/or manufacturing defect because they are prone to dezincification corrosion. The PEX Clamps suffer from a design and/or manufacturing defect because they are prone to failure by chloride-induced stress corrosion cracking. When any of these components fail, it leads to the release of water which causes significant damage to surrounding property and/or prevents the plumbing system from functioning as intended.
NIBCO has manufactured and advertised its PEX Products for use in plumbing systems throughout the United States. It has repeatedly represented that consumers should trust NIBCO to provide the highest quality PEX Products because the company has over 100 years of industry experience and is an industry leader in the manufacture of PEX Products. NIBCO warranted that its PEX tubing would be free from any defects in materials and workmanship for a period ranging from ten (10) years to twenty-five (25) years, dependent upon whether NIBCO PEX fittings and NIBCO valves and installation accessories were also used in the installation.
The complaint contends that contrary to these affirmative statements, the PEX Products suffer from design and/or manufacturing defects. Specifically, and as a result of such defects, the PEX Tubing is predisposed to premature oxidative failure and creep rupture, the PEX Fittings are predisposed to prematurely fail as a result of dezincification corrosion, and the PEX Clamps are predisposed to prematurely fail as a result of chloride-induced stress corrosion cracking.
The PEX Product Defects have caused plumbing systems to catastrophically fail and release water, which has caused and will continue to cause Plaintiffs and the Class to incur damages through no fault of their own.
Plaintiffs seek relief for damages sustained by Plaintiffs and the Class that were proximately caused by NIBCO’s Defective PEX Products used in Plaintiffs’ and Class members’ homes and other structures, or which otherwise were installed in the homes and structures of Plaintiffs and the Class.
Class: All persons or entities who sustained damages proximately caused by NIBCO’s Defective PEX Products used in the water plumbing systems of Plaintiffs’ and Class members’ homes and other structures, or which otherwise were installed in the homes and structures of Plaintiffs and the Class and require remediation.