Homeowners Claim in a Recent Lawsuit: PEX Pipes Cause Water Leaks
While water pipes have traditionally been manufactured using copper, iron,
or lead; a revolution in piping technology has led companies to produce
and install a form of plastic piping called PEX. These PEX pipes have
a variety of advantages including cheaper and easier application, however,
if they are improperly manufactured or designed, they can prematurely
crack and eventually leak.
A recent suit representing homeowners against UPONOR, INC. alleges that
the company violated California’s constructions standards in its
manufacturing and distribution of PEX Pipes. Specifically, the suit maintains
that, due to negligent design; the pipes prematurely deteriorate leading
to leaking and resulting in damage to components nearby the pipes.
Homeowners who have installed PEX piping produced by UPONOR Inc. are suing
the company for damages caused by alleged premature leaking of their pipes.
By design, PEX pipes are intended to resist water damage; however, UPONOR’s
pipes often prematurely deteriorate due to water exposure, the homeowners
claim. According to the homeowners’ complaint, this deterioration
eventually causes the pipes to leak, constituting a failure to serve their
primary purpose, and in addition, leading to damage to surrounding materials.
Arguing that UPONOR negligently and unlawfully manufactured their product,
the homeowners’ suit seeks to hold the company responsible for damages
suffered by homeowners whose homes have these pipes installed.
Under California Civil Code Sections 895-897, a product manufacturer producing
a product intended to act, to some degree, as a water barrier, is accountable
for any unintended water passing through the material. The suit alleges
that UPONOR, INC., is therefore responsible for damages resulting from
water leaks caused by the defective design of their pipes.
If your home has PEX pipes that are deteriorating prematurely, contact
your attorney to make sure your rights and interests are covered.