Faulty Dishwasher Leaked, Cupboards + Floor Flooded - Who Pays for the Damage?

Howdy OzB,

5 month old dishwasher (won't name and shame the brand yet as other than this has been a great dishwasher) had the metal screw part of the inlet hose crack resulting in water spraying out and flooding the cupboards + kitchen floor. It very much appears as a manufacturing defect.

Contacted the manufacturer and TGG (where it was purchased) and awaiting contact from the manufacturers "resolutions team". Haven't heard anything from TGG yet.

The floors are fake wood boards (were marketed as being water proof - whatever that means) and got soaked with plenty of water under them that took a couple days to fully dry, my concern is it may end up with mould forming under them requiring the entire flooring to be replaced. The floorboards themselves look ok visually. The cupboard was vinyl which has now bubbled/pealed from the water and the cupboards contents was ruined.

Anyone have any experience with similar issues? Is it expected that the manufacturer will cover the costs to the damaged floor / cupboards / contents? If so how long does it usually take to get sorted. Property is a rental with no insurance so no option to claim via that route.

EDIT: for clarity there is NO insurance.

Cheers,

Comments

  • +4

    Property is a rental?
    There should be landlord’s insurance?

  • +10

    Insurance is the correct answer. It's not the manufacturer's liability to cover other items that may be affected.

      • +26

        Another example is if the handle on your new coffee mug failed due to a defect and it caused you to spill hot coffee all over the missile control panel which shorted out triggering a launch and starting a thermonuclear war, do you think the manufacturer still isn’t liable??

        Thank you for your service, ACL 🫡

        • +4

          Perhaps if the coffee mug was marketed to that particular use case.
          Perhaps a missile control panel’s poor failure modes also contributed.

          That being said that type of stuff is expensive, did you see the price of a airworthy soap canister?

          https://aerospaceglobalnews.com/news/boeing-accused-of-7943-…

        • +3

          The resulting damage needs to have been reasonably foreseeable. Thermonuclear war is probably pushing it.

        • bad example. The person drinking coffee at the console who is breaking regulations would be in the poo as would the manufacturer of the console for faulty failsafes. About the only people in the clear would be the mug manufacturer.

    • +11

      It actually is to a certain extent. I purchased a faulty set of brake pads that in turn damaged the new rotors. The retailer of the brake pads also paid me for new rotors, as well as a refund on the pads.

    • +10

      If the damage was reasonably foreseeable and caused by the failure to comply with the consumer guarantee then the manufacturer/supplier is liable.

      This is covered under 259 and 272 of the ACL.

      I am not saying this is necessarily relevant here as there could have been an issue with installation.

      272 Damages that may be recovered by action against manufacturers of goods

      (1) In an action for damages under this Division, an affected person in relation to goods is entitled to recover damages for:

      (b) any loss or damage suffered by the affected person because of the failure to comply with the guarantee to which the action relates if it was reasonably foreseeable that the affected person would suffer such loss or damage as a result of such a failure.

      259 Action against suppliers of goods

      (4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure.

      • is the guarantee that the product will never fail? i dont think any product has a guarantee like that.

        every product is susceptible to manufacturing faults

        • +3

          It doesn't matter. If it's sold in Australia and has a defect that causes damage then the manufacturer can be held liable. It's not a fact of life that we should accept that "every product is susceptible to manufacturing faults". Manufacturers can remove/minimise this risk by having sufficient quality systems.

          Even still, if 1/1000 products leaks and causes damage because of some arbitrary situation, that's still a cost borne by the manufacturer ultimately, and is a cost of doing business in Australia. Typically though, when there is a defect, I do find that they occur in a series (like, oh yeah this pipe has a problem, we see this a bit, etc).

    • -6

      "It's not the manufacturer's liability to cover other items that may be affected"
      Exactly!
      If it was a tiled floor, there would be no such damage.
      How can the dishwasher manufacturer be responsible for your choice of floor materials?
      By the same token how can they be responsible to your chosen location of the dishwasher?

      • How can the dishwasher manufacturer be responsible for your choice of floor materials?

        True, they are not responsible for the choice of materials, however they are responsible for manufacturing a dishwasher that failed and caused damage after 5 months

        Boeing have no control over what materials their planes fly onto, whether it’s tarmac, hill sides or ocean, would you similarly suggest they shouldn’t be liable for an aircraft with that defective MCAS falling onto a school?

    • Completely false.

      Retailers/manufacturers are very much liable for damage caused by their products.

      Here we have Bunnings ordered to pay over 13k to fix some damage that a pesticide caused to the outside of a house under the relevant sections of ACL.

      Sadly the misinformation bill won’t apply to a comment like yours - it would fail to meet the significant harm test.

  • +13

    had this very same problem, way too much hassle chasing the manufacture went straight to my insurance paid my excess and happy days

    • +4

      Yeah - GF had similar issues …
      We claimed through insurance - they paid for new cabinetry / carpets (in adjoining room) +++ a professional cleaner.

      All up, about $7000 worth of damage.
      VIA house insurance - we had it sorted in a matter of weeks.

      • +1

        Same here. Was a leaky hose. Electrolux did the repair fir nothing but has refused responsibility for the damage.

        I'm encouraged by the posts here to try my insurance and see how that goes.

    • +1

      I think the point to understand is that the insurance company can try to recover costs from the manufacturer after your claim if they think they've done something wrong. Basically the same way in a car crash.

      • We had the pressure reduction valve on our plumbed in fridge break. Flooded the entire upstairs and part of downstairs of house. $150k+ damages. Our home insurer thought about pursuing either the manufacturer or installer but then decided that as the fridge had been installed for a year before the incident occurred they didn’t have enough evidence in either case. Said they could only recover cost from manufacturer if they would admit direct fault. Manufacturer didn’t, just sent a replacement valve. Thankfully we were only out the excess on our insurance.

  • Itll likely be fine. Make sure there is plenty of ventilation. Itll dry out. If there a mould problem develops it sounds like youll need to make an insurance claim later.

  • Does the dishwasher user manual say to turn the water outlet off when not in use?

    • Nope - wouldn't be practical as it's a smart one with schedule starts etc.

  • -1

    Insurance. And then if they want to chase it from manufacturer, have at it.

  • -6

    Lots of people commenting re: insurance - as mentioned in post I don't think there is any insurance. LLs have said no to having insurance and I don't have any renters insurance at this property (it's just a small unit close to work).
    Am I missing something? Are LLs required to have insurance for this type of thing?

    • +12

      LL insurance isn't cheap but can be very worthwhile and is a deductible for the LL. Only stupid LLs don't have LL insurance.

      tl;dr - your LL is a donkey.

      As a renter you only need contents insurance. That's up to you whether it's worth the risk.

    • +11

      @OpticalCog - Not a requirement to have LL insurance, but stupid to not have it.

      Unless you installed the machine yourself, it's not your problem and something your LL has to deal with.

    • Sucks that you don’t have contents insurance.

  • +3

    Who purchased and installed the dishwasher?

    • +2

      I purchased the dishwasher and the LL installed it - the kitchen was being redone prior to me moving in so I had it delivered and they get it installed at the same time.

      (To be clear the LL is great and isn't worried at all about any of the damage)

      • +6

        Why did you pay for the dishwasher? Anyway I’d get them to deal with it. Make sure the floor dries out. You can hire one of those fan things and a dehumidifier from Bunnings.

        Get the landlord not being concerned in writing

        • +3

          Not all rentals are supplied with a dishwasher. If you want one, you buy one. Landlord doesn’t have to supply one.

      • +1

        The hose could have been damaged during installation so difficult to prove.

        Keep pushing the retailer and manufacturer. Perhaps get a quote to repair the damage to help you with a payout from them and then you can get the repairs done. Make it an easier claims process so they don’t need to engage tradies

      • Oh wait, you're not the LL? Then all you need to do is report the incident and LL needs to get it sorted, unless you're trying to claim damage to your contents??

        Why your LL installed your dishwasher is a whole other matter….

      • +1

        and the LL installed

        I guarantee that the dishwasher company will not cover anything due to this

        Additionally even if the landlord had insurance it would probably be void itself because they probably have a condition that it has to be installed by a plumber

  • +6

    I might be missing something here, but if you're renting then why are you running around trying to get everything fixed? Report it to your PM (who is probably useless), salvage what you can from the cupboard, point a fan towards the floorboards 24/7 for a week or two to help it dry out. In the meantime request a rent deduction for the broken dishwasher if you feel like that would be fair?

    • +2

      I have a sneaky feeling the OP supplied/installed the dishwasher as the rental didn't have one in it.

      • Yep this is 1 million per cent the case

      • Nope. I purchased it and the LL got it installed when they redid the kitchen.

        • +7

          Why are you buying a dishwasher? Will you take it with you when the lease ends and install it at the next place? None of this makes any sense

          • +1

            @EFC94: ?Yes exactly that. Confused why this doesn't make sense… I'll also take my microwave, my fridge, my kettle, my couch, and the rest of my stuff? Not sure what doesn't make sense here it was an unfurnished rental? Maybe I'm missing something but all rentals I've lived in that are unfurnished you take the appliances you supply with you. It'd be gross imo using a fridge, dishwasher, etc. that others have used when you have no idea how clean they were.

            • +8

              @OpticalCog: I’ve never heard of someone taking a dishwasher though (or needing to bring their own when moving in)? As far as I was aware they are considered a fixed piece of a house/apartment that is supplied by the LL. I’d also make the argument the inside of a dishwasher should be one of the cleanest things in your apartment considering the temperatures reached inside and the fact it’s used 2+ times a week. LL is taking you for a ride here.

            • +4

              @OpticalCog: It's unusual to take a Dishwasher between rentals, but not unheard of. I've done it before.

            • -2
            • +5

              @OpticalCog:

              Yes exactly that

              Ok so if you are taking the dishwasher with you, then you are responsible for fixing the damage that your dishwasher caused to the rental, this has nothing to do with the LL as it isn't their unit, and their install didn't cause the issue.

          • @EFC94: I thought so too growing up in Sydney, but on the Gold Coast it is really common to bring your own dishwasher. So it may be a Queensland thing?

  • +1

    Property is a rental with no insurance so no option to claim via that route.

    The question is who supplied/installed the dishwasher? If the LL supplied it as part of the rental, then none of this is your issue at all and all their issues. Report the issue to your rental people and let them fix it.

    But if you supplied/installed the dishwasher, then it could be a tricky one as it would be classed as 'damage' you have done to the home.

    • I purchased the dishwasher. LL arranged the installation (kitchen was being redone at the time).

      • +3

        You're very generous.
        If LL installed it, it's LL problem. Unless the LL is a close friend or parent and their problem is now your problem.

        • If LL installed it, it's LL problem.

          Not as clear cut, if the OP owns the dishwasher and will be taking it when moving out, then it would be their problem.

          • @JimmyF: and the LL will have a problem - a big hole in thier kitchen.

            • @SlickMick:

              LL will have a problem - a big hole in thier kitchen.

              No problem, in some rentals it is common to not have a dishwasher included as part of the lease, as they break etc. A hole is provided so the renter can provide their own if they wish, just like they provide washing machines and dryers etc.

              If the renter supplied and is taking the dishwasher with them when they move, then their dishwasher caused the flooding damage, so that is up to them to fix, not the LL. This is property damage, just like having a fish tank and dumping the water on the ground. Not the LL issue to fix.

              Which seems to be the case from a comment above, the renter will be taking the dishwasher with them.

      • I purchased the dishwasher. LL arranged the installation

        So who owns the dishwasher. You or the LL?

        When you move out of the rental are you taking it with you?

  • +3

    why are you worrying? it's not your place. the landlord knows about it. the landlord is the owner. have you suffered any property loss? or out of pocket expense?

    to paraphrase Steve Castle - " Don't you worry about blank. Let [the landlord] worry about blank."

  • couple days to fully dry

    were you using a hair dryer?

  • Does LL have home (building) insurance with flood protection? Dishwashers and cabinets would be part of the building insurance claim. If LL says that they don't have any insurance, then it is there fault too for not protecting their interest.
    Regarding dishwasher company, you will have an uphill battle to prove your case. A metal clamp on the hose snapped, that could be blamed on due to poor installation too. There isn't anything wrong with the dishwasher.
    Even otherwise, it is mostly LL's property damage. If they are not bothered why are you chasing for a resolution for them. In my opinion you should ask the LL to get the cabinet fixed. How much was the value of the content of the cabinet. fight it if you think it is worth it, if not move on.

    • This has nothing to do with flood protection but you're correct that the flooring/cabinets should be covered under building insurance.

      It's the LL's decision to claim on insurance. After it dries out there may be no damage.

  • Had a plumbed in fridge that sheared off in their attachment. Clearly faulty. Fischer and Paykel paid for all the repairs. Said they had seen it before. This was 10 years ago. Still, changed brands since then.

  • +1

    Ohhh this happened to me.

    Insurance company rejected my claim because the hose was classed as a LEAK and not a BURST pipe. Couldn't quote me on which cu.m/hr limit was considered a burst or leak, but rejected the claim after having multiple inspections and even a quote to replace cabinets.

    Eventually paid a couple $K out of pocket to replace my cabinets myself. Beko dishwasher under warranty, Suncorp insurance. Both completely useless and will deny all responsibility.Floors are tiled, but not a rental.

    Good luck.

    • +1

      Depending on how much time you have, you should send the bill to Beko and ask for compensation under the guidelines set out in the ACL, and give them a date to comply by. If they do not comply, say that you will take them to xCAT (QCAT/VCAT/wherever you are) for compensation.

      If it were me, I would also fill out a stat dec saying that the costs were caused solely by the damage caused by their product (which you can do on myGov). Send it all to them, and then they might just give you the lump sum or negotiate on a cash amount to give you.

      Just swallowing the expense because of their shoddy product is not a good outcome. But that said, I'm very light on time and I understand why people might just pay to make it go away.

    • +1

      That's awful mate. Any decent broker would've got that claim paid for you.

      Basically, the difference is that a leak is slow and gradual and occurs over time and a burst is sudden and unforeseen.

      Suncorp somehow always seem to find that damage is caused by things that they don't cover! Funny that!

  • +5

    I just can't understand why so many people are so eager to give up their rights under the ACL when it comes to these kinds of things.

    Manufacturers are liable for consequential damages that is caused by their products.

    We had a Fisher Paykel fridge. The thing that connected the water to the tap in the cabinet cracked and caused a flood at 2am. The entire kitchen was saturated.

    We contacted Fisher Paykel about the problem. They sent out one of their assessors. They asked us to get 3 quotes to get it repaired. We then had the entire kitchen redone at F&P's expense because the boards that got wet couldn't be sourced anymore and they had to all match.

    Then, at about when COVID occured, something similar happened (I can't remember what exactly) but we went back to F&P. Because COVID was starting out and I didn't want to have the hassle of getting quotes etc to get it repaired I just cash settled with them for the damage caused.

    We live in a country with good ACL protections. You should pursue the manufacturer for damages. If they flat out refuse you, take them to QCAT/VCAT/xCAT, roll out the ACL, and you'll probably get a ruling in your favour.

    Everyone else: if you keep giving the manufacturer a free pass and do not use your ACL rights, more manufacturers will try to override them. ACL covers consequential damages, end of conversation.

    • To follow up, this applies regardless of who your manufacturer is, even if its Beko or some other cheap brand. By selling their stuff in Australia they come under the ACL, so that's a cost of doing business here. If they intend to sell shoddy products and ignore claims for compensation when their stuff breaks, and that's factored into their yearly projections or whatever, then that's a problem and xCAT would quickly make them liable for the costs.

      But the problem is, whenever there is an issue like this, consumers' do have to hold the manufacturer liable. If only some of us are doing it, then they will try to override the other people who are claiming compensation.

  • confusing - tenant paid for a new dishwasher supply/install - it leaked, flooding the floorboards, and the landlord isn't worried ?

    is there an agent ? If so, expect them to assert damage on outgoing inspection.

    I love floor boards - they often buckle after flooding, requiring ripping up and replacing at say $4K a time. Compared to carpet I've seen flooded, lifted, fans to dry out, put back - no extra cost thank you very much.

    No insurance - a whole lot of fingers crossed I'd say - especially when you move out - see final inspection … :-(

  • The dishwasher is your property so you'd be liable for the damage. Whether you choose to chase that up with the manufacturer or installer (who happens to be the landlord which makes it interesting) or claim on insurance is not really the landlord's problem. Agree with others that you should go after the manufacturer though. I do wonder if the landlord messed up the install in any way.

    Do people not get renters insurance and only contents insurance? What happens if you cause a fire or flood?

    I have a fear of this problem so the most important feature for me is the how many leak detection systems a washing machine or dishwasher has.

    • Generally it's contents and Public Liability, so they'd be covered.

  • if your rent bond isn't much
    just carry on and ignore the floors.
    just get your dw sorted out.

  • Buy a dehumidifier and leave it on for a day

  • It's a shame the discussion moved on from who is liable to LL is screwed don't worry about it.

    I am genuinely curious who is at fault here. I think home / contents insurance would be the answer because getting the manufacturer to pay for the damages of the house would probably require you going to court. I don't think there would be any other way a manufacturerer would agree to pay regardless of if their washing machine leaked or blew up half your house.

    Although if it blew up half your house you would most likely win that case.

  • If its the kind of fake wood floors i have, then i find them crap for handling water. I find sometimes the damage isnt instant but down the track, the fake wood floorboard starts to come up / bubble.

  • +1

    Appliance tech here and former technical manager for a large appliance manufacture.

    For this to be deemed a manufacturing fault these are the steps I would have taken.

    Was the inlet hose used the one supplied with the dishwasher?
    Was it connected to a hot water supply or a cold water supply?(most modern day dishwasher manuals stipulate they must be connect to a supply of less then 25C)
    What pressure was the inlet hose rated at?
    What was the water pressure at the tap?
    Was the user manual and manufacture guidelines followed?(e.g: some manufactures stipulate to turn the tap off after use)

    Without the brand and model number to find out the hose information and then the water pressure readings, it’s hard to say who is liable.

    For example, I went to TGG website and just picked the cheapest dishwasher there which was a Solt GGSDW6012S, it advises cold water connection, to turn the tap off after use and max pressure of 10bar(1kpa)

    LG on the other hand advised inlet connect can be up to 65C

  • 5 month old dishwasher (won't name and shame the brand yet as other than this has been a great dishwasher) had the metal screw part of the inlet hose crack resulting in water spraying out and flooding the cupboards + kitchen floor. It very much appears as a manufacturing defect.

    "This thing is fantastic (except for when it flooded my house 5 months in)"

    lol OP sorry for the shit situation you find yourself in, but why are you being so apologetic for an appliance manufacturer with such shitty QA? You are too kind, I would be pissed.

    Best of luck to you in resolving this!

Login or Join to leave a comment