Wilmington Personal Injury Blog

Personal Injury Attorneys

blog home Products Liability Lawsuits Over Faulty Deck Resurfacing Products Sweep the Nation

Lawsuits Over Faulty Deck Resurfacing Products Sweep the Nation

On behalf of Joel Rhine of Rhine Law Firm, P.C. posted January 24, 2018

Over the last few years, a group of manufacturers and retailers have been promoting certain premium deck resurfacing products. Unfortunately for consumers, these products have demonstrated widespread failure.

Here, we will review one class action lawsuit we are currently handling in civil court. Since these deck resurfacing products were—and are—produced in high volume, their defects have a negative impact on thousands, if not millions, of homeowners across the United States.

Albright v. Sherwin-Williams

Rosalinda Albright brought a claim on behalf of purchasers of Sherwin-Williams’ Duckback Deck & Dock Elastomeric Coating, and Deck and Dock Solid Coating (“Duckback); and SuperDeck Deck and Dock Coating (“SuperDeck”). She alleges that the defendants continued to market and sell these products to customers despite knowing they were defective. The products were marketed as “do-it-yourself” solutions to repair and rejuvenate decks by providing a thick, weather-resistant coating. The products were touted as a cost-effective alternative to deck replacement that was easily applied with a roller to wood or concrete surfaces.

Complaints began to surface among users of the products. Many of the problems became apparent mere weeks after application, when the coating began to “bubble” and “peel,” often in long strips. Others stated the products showed signs of not being water-resistant, let alone waterproof. Another factor that led to consumer dissatisfaction was the time and money needed to remove the products completely from their decks.

The plaintiff alleges that Sherwin-Williams…

  • Violated the Magnuson-Moss Warranty Act, a federal statute that governs consumer products and their warranties. It was established in 1975 in response to significant consumer dissatisfaction with ambiguous and deceptive warranties. This Act states that entities may be civilly liable for noncompliance with documented or implied warranties.
  • Breached the products’ express warranty. Express warranties are ones that relate to how the product performs, according to the manufacturer. In this case, Sherwin-Williams claimed that the products “lock down splintered wood” and restore “extremely damaged” wood and concrete.
  • Breached the products’ implied warranty. Implied warranties are promises that the product is free from defect. Here, the implied warranties were that the products were premium quality and withstood harsh weather conditions.
  • Was unjustly enriched by the products. The defendant profited significantly from continued sales of the product despite being aware of the defects.
  • Violated the Missouri Merchandising Practices Act of 1967, which provides additional consumer protection for those in the state. It allows consumers to pursue relief for unjust or fraudulent business practices.

The case is currently being heard in United States District Court, and it covers purchasers of the product across the nation. The plaintiff is asking for damages exceeding several million dollars, which will be shared with all purchasers included in the class action.

If You Bought These Products, Talk to Us

Rhine Law Firm, P.C., is handling this paint class action lawsuit against Sherwin-Williams nationwide. If you purchased any of these defective deck resurfacing products, speak to us in a free consultation about your legal rights and options. Call (866) 772-9960 today.

Related Articles:

Posted in: Products Liability



“They worked hard for me after I was involved in an auto accident. I appreciate their efforts and making me feel like family.”

ReviewerFive Stars

-Becky, posted at Google Review

When it Really Matters When it Really Matters

Contact Rhine Law Firm, P.C.

Working with our firm means your needs will be met and your questions answered by someone who knows your name and the details of your case — every time you call.

Contact Rhine Law Firm, P.C., at (910) 772-9960 or (866) 772-9960 toll free for a free initial consultation. Evening and weekend appointments upon request. Office hours 8:30 a.m. to 5 p.m. Evening and weekend appointments also available. We also offer Spanish interpretation and translation services.

Rhine Law Firm, P.C.

1612 Military Cutoff Road, Suite 300
Wilmington, NC 28403
Toll Free: (866) 772-9960
Phone: (910) 772-9960
Fax: (910) 772-9062
Map/Directions

Rhine Law Firm

Connect With Us

Based in Wilmington, North Carolina, Rhine Law Firm, P.C. represents clients statewide. We Regularly Meet With Clients After 5 P.M. And On Weekends

*Disclaimer: This is an advertisement by Rhine Law Firm, P.C., 1612 Military Cutoff Rd., Suite 300, Wilmington, North Carolina, 28403. The Rhine Law Firm, P.C., is licensed to practice law in the state of North Carolina and does not seek to practice in any other state or jurisdiction. To the extent that you reside in a state other than North Carolina, the Rhine Law Firm, P.C., may associate counsel licensed to practice law in that jurisdiction if necessary to comply with any and all rules of professional conduct.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This advertisement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, either express or implied. Prior outcomes do not guarantee any future results. The choice of a lawyer is an important decision that should not be based solely on advertisements. Do not rely on this advertisement in making any medical decision. Please call your physician before making any medical decision, including altering your use of any drug or treatment.

© 2018 Rhine Law Firm, P.C. - All Rights Reserved. Disclaimer | Privacy Policy | Blog Sitemap | Website Design and Legal Internet Marketing by SLS Consulting

Contact Rhine Law Firm, P.C.

During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. Our attorneys also remain available to our clients via phone, email and other means, ultimately focused on doing what is truly in their best interests.

Close
Free Consultation Form