Consumer Law, Warranties GE Breach of Contract / Microwave Fire

[Fred_Goldberg]

I bought new GE appliances for my new home in September of 2003. This included a 3 year extended service contract. The microwave oven is a combination microwave and external vent hood.

On 4/14/05, while baking a potato in the microwave, the potato caught on fire and our home filled up with smoke. Because the unit turned itself off, we could not vent the room. We still have the burnt potato in our possession.

We called GE service. They came the following day and said the Contract Department would call us on Monday. They did not. I called them on Tuesday. They stated that they would not service or replace the unit because "we stated that the unit was left unattended." I advised them that this was untrue and that we never made any such a statement. However, they continued to refuse to service or replace the unit.

This unit supposedly has sensors to prevent just such an occurrence. I have been reading about numerous cases of microwave fires. It is my opinion that this fire was a result of a component malfunction and/or a defect in the units design. And, by not servicing or replacing the unit, GE has intentionally breached it contract with us.

What recourse do we have and is it worth pursuing?

 

[muggsyj]

This is not legal advice!

Did it state in your contract, that if you were to use this appliance, you would have to stand in front of it and not move? Is there a clause in the contract that state the appliance must not be left unattended?
I am presuming not. You have a garrentee, which is a contract that the company draw up, you have payed for a service or replacement.
Try to write letters to the relevent departments, rather than call. When cold calling company's you are never quite sure who you are talking too!.
I would forget that phone call for now and send a letter to the departmant manager and stress your concerns.

If you recieve a reply in writing that they are not going to do anything about your issues, then return to this site for more advice, from the legal eagles. (of which i am not)

good luck.

 

[Fred_Goldberg]

Just to follow up.

I faxed a letter to GE Customer Relations stating their liability and threatening to go to court for breach of contract and other damages if they continue to deny me service. After a few business days elapsed, and getting no reply, I called GE Customer Relations' voice mail line and left a very curt voice message demanding a reply to my letter. They returned my call the following morning and, without hesitation, advised me that the problem was obviously caused by a component malfunction and that they would immediately replace the unit. Now, that is the way a customers should be treated. GE spends a lot of money promoting their service and customer relations. I don't know why they would insist on souring their previously good reputation over such a small expense.

 

[muggsyj]

This Is Not Legal Advice!


Glad to here you now have your problem sorted, it just shows persistance dose pay off.
That has saved you a fortune trying to sue and take them to court "WELL DONE!"

Just remember if you have any problems like this in the future, always write letters and keep copy's because if you ever have to go to court over any matter, you will have the proof that you done everything in your powers to resolve the situation...

Once again, a big pat on the back for you.

 

[Pendragon]

Old thread, I know..

How is it GE's fault that you overcooked a food product and it caught on fire?
Of course the unit shut off, it was on fire! That was a good thing.
Every microwave I've ever owned has clearly stated 'do not leave unattented'.

I think GE was very generous to you in providing you with a replacement unit for one that was in all likelyhood, damaged through your own actions. The squeaky wheel gets the grease (and the free microwave).

A manual for GE over the range unit even states (and I quote):

"Do not overcook potatoes. The could dehydrate and catch fire, causing damage to your oven".

and (paraphrased)

"Do not leave oven unattended when flammable materials such as paper, plastic or other combustible materials are inside the oven."

Since they've already said potatoes can catch fire, and you aren't to leave the oven unattended when things that can catch fire are in it, you shouldn't leave the oven when cooking potatoes.

I know, no one stands by the oven when it's cooking, but by saying you should, they cover themselves should something go wrong.