A class-action lawsuit has been filed against Owens Corning by homeowners who have experienced roof leaks due to their shingled roofs. The lawsuit claims that the manufacturing company, Owens Corning, did not properly test its products for common roof ailments that can cause roof leaks. As a direct result, the lawsuit claims, the roofing shingles may deteriorate far before their expected life span by de-laminating, cracking and granulating excessively.
The lawsuit further claims that this degraded condition of the roofing shingled roofs, which causes leaks, damages to the personal property of the class-action members, resulting in financial losses. The manufacturer is also guilty of negligence in failing to warn the public about the risks of buying defective roofing shingling. Lastly, it is claimed that the manufacturer failed to warn the public of the increased risk of roof leaks after installing its products containing zinc.
Owens Corning Shingling Lawsuit
The manufacturer, Owens Corning, has denied all of the aforementioned claims by the class-action members. In a document filed with the court, they state that the company’s tests have shown that their products do not cause significant roof leak problems. They further claim that their products have passed the regulatory standards set forth by the United States Consumer Product Safety Commission.
Furthermore, they claim that all tests conducted by them and all evaluations done by third parties have shown that their roofing shingle products are effective and have no defect that would cause significant harm to the public.
Class-action lawsuits like the one filed against Owens Corning are generally high-value.
Homeowners who win such lawsuits are often entitled to receive financial compensations and additional benefits such as free roof installation and repair or replacement. Apart, from monetary compensation, such lawsuits also allow the plaintiff to finally put an end to the nuisance of shingle leaking.
For homeowners in areas with severe weather conditions, especially during the rainy season when roof leaks are most common, having free roofing is a significant benefit. It gives the homeowner a chance to enjoy his or her property without worrying about whether or not his or her roof is safe from the damage brought about by leaks.
But just because the manufacturer has signed the agreement does not mean that the warranty has been satisfied.
The warranty will only be honored if the shingle has been installed properly. For this reason, the lawsuit will ask a judge to force the manufacturer to produce documents pertaining to its shingle quality control. The documents should include instructions on the proper installation process. Furthermore, a copy of the installation manual must be produced. A warranty lawsuit will force Owens Corning to produce these documents and will allow the judge to hold the manufacturer accountable for shingle installation.
Another important aspect of the warranty is the implied warranty.
This is a legal provision that compels the manufacturer to repair or replace any part of the product that has been damaged under the express warranty. This means that if the manufacturer’s repair attempts to fix the problem and it fails, the consumer may sue the company for breach of warranty. The warranty must specify what parts must be replaced and how often these parts must be replaced. Failure to make these stipulations can lead to serious liabilities for the company.
The company has been sued many times for breach of warranty because of shingle roofs.
The lawsuits have been largely successful, but the courts have ruled against the company. Sometimes the ruling is based on technical issues such as the difference between a conventional roof and a shingle roof. Other times, the plaintiff is unable to show that Owens Corning was negligent. A qualified attorney who has experience in these lawsuits is best able to help homeowners determine whether they have a case against the manufacturer.