Products Liability Law Reporter

Aquatherm GmbH manufactured and, through its network of U.S. distributors, sold pipe to King County, Wash., for installation in the King County Correctional Facility’s potable water system. Aquatherm GmbH’s distributors and representatives told the county that its product was a perfect application for the facility, was leak-proof and corrosion resistant, and would last for at least 50 years. Aquatherm GmbH warrantied its product for 10 years.

After two years, the pipe began to fail. Although Aquatherm promised the county solutions, the leaks did not stop and led to more than 60 pipe failures, including leaks that sprayed like a fire hose on electronic equipment needed for the building’s functioning. The county declared an emergency and removed the pipe, replacing it with other pipe at a cost of $18 million.

King County filed suit against Aquatherm GmbH and distributors Aquatherm, Inc., and Aquatherm NA, LC, alleging violations of the Washington Product Liability Act and the Washington Consumer Protection Act, negligence, and breach of warranty. The plaintiff asserted that Aquatherm pipe had been failing across the globe for years before it was installed at the county facility and that the pipe is uniquely susceptible to copper-catalyzed oxidation.

Suit also alleged Aquatherm had falsely labeled its pipe as NSF certified.

The jury awarded approximately $18.06 million, finding Aquatherm GmbH 80% at fault and the two distributors each 10% at fault.

Citation: King Cnty. v. Aquatherm GmbH, No. 19-2-07910-0 SEA (Wash. Super. Ct. King Cnty. June 29, 2023).

Plaintiff counsel: Randall T. Thomsen, Ariel Martinez, Timothy G. Leyh, Tyler L. Farmer, and Erica R. Iverson, all of Seattle.