Splater v Thermal Ease Hydronic Systems, Inc.
Thermal Ease In Hot Water Over The Use Of Cross-linked Polyethylene Pipes
A class action has been filed against Thermal Ease Hydronic Systems, Inc., its parent company Plasco Manufacturing Ltd. (now known as Uponor Canada, Inc.), and other firms on behalf of all people in the United States who now own, or owned in the past, buildings in which a hydronic heating system using cross-linked non-barrier polyethylene pipe manufactured by Thermal Ease was installed on or after January 1, 1995. This pipe, known as UltraPEX, allegedly deteriorates over time as a result of being exposed to regular tap water, which contains chemicals such as chlorine. The action is seeking compensatory damages, disgorgement of profits, statutory and punitive damages, and injunctive and declaratory relief.
Hydronic heating systems are those that use radiant heat from hot water circulated throughout a home in order to warm the structure. The hot water is carried through pipes distributed in the walls, ceilings, and floors. Allegedly, UltraPEX can become brittle and crack, causing leaks. Since these leaks are located inside of walls, ceilings and floors, the resulting damage can be catastrophic to the structure of a home and cost thousands upon thousands of dollars in damage. The action claims that the companies knew and continue to know of the deficiencies of UltraPEX, but use it nonetheless. The action also alleges that the companies claimed the UltraPEX was cutting-edge technology, when better materials were available.
The other companies named as defendants in the action are Hot Water Systems North America, Inc. and Uponor Oyj, also known as Uponor Group.
