Table of contents
- Latest Toro Lawnmower Lawsuit Updates
- May 18, 2021: Court Dismisses Both Toro Cases
- February 8, 2021: Settlement Conference Held
- December 4, 2019: Court Rules on Motions to Dismiss
- August 26, 2019: Brooks Class Action Filed
- August 19, 2019: Gruenwald Class Action Filed
- November 24, 2015: CPSC Announces TimeCutter Recall
- What Is the Toro TimeCutter Riding Mower?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- How Much Does It Cost to Repair a Recalled Toro TimeCutter?
- Which Toro TimeCutter Models Were Recalled?
- Where Is the Maker of the Recalled Mowers Based?
- How Can I Contact Toro About the TimeCutter Recall?
Toro TimeCutter riding mowers have a fuel filter problem that can leak fuel and cause a fire. The Consumer Product Safety Commission announced a recall of about 8,600 2015 models in November 2015.
Two class actions followed in Minnesota in August 2019. The first, Gruenwald, alleged that a 2014 TimeCutter caught fire and that the recall was inadequate. Brooks was filed a week later. Both cases were dismissed on May 18, 2021.
No Toro mower case is active today, and no MDL has been formed. Owners of recalled mowers should stop using them and call Toro for a free repair.
Latest Toro Lawnmower Lawsuit Updates
May 18, 2021: Court Dismisses Both Toro Cases
Judge Paul A. Magnuson of the U.S. District Court for the District of Minnesota dismissed two class actions against The Toro Company, Gruenwald v. Toro Company and Brooks v. Toro Company [1].
The order was with prejudice for the named plaintiffs and without prejudice for unnamed putative class members. It followed a May 17, 2021 stipulation, and judgment was entered May 19, 2021.
February 8, 2021: Settlement Conference Held
Magistrate Judge Becky R. Thorson held a settlement conference in both cases. The cases were before Judge Magnuson at the time. No settlement terms or amount have been announced.
December 4, 2019: Court Rules on Motions to Dismiss
Judge Magnuson issued a written opinion granting in part and denying in part Toro’s motions to dismiss in both cases.
The same order denied a motion for partial summary judgment in the Gruenwald case. Both cases continued after the ruling.
August 26, 2019: Brooks Class Action Filed
William Brooks filed a second class action, No. 0:19-cv-02345, in the District of Minnesota. It names the Toro parent and Toro International, Inc. as defendants.
The court reassigned the case to Judge Magnuson on August 27 and 28, 2019, alongside the Gruenwald case, so one judge handled both.
August 19, 2019: Gruenwald Class Action Filed
Scott Gruenwald filed a class action, No. 0:19-cv-02294, against The Toro Company and Toro International, Inc. in the District of Minnesota. The Gruenwald complaint calls the 2015 recall inadequate [2].
It also says the 2014 models were not part of that recall, which covered only 2015 mowers. These are allegations, not findings.
November 24, 2015: CPSC Announces TimeCutter Recall
CPSC announced a voluntary recall by Toro of about 8,600 2015 TimeCutter riding mowers in the United States. About 400 more were sold in Canada.
The fuel filters can become brittle and fractured, allowing fuel to leak and posing a fire hazard. CPSC told owners to stop using the mowers and contact the nearest Toro dealer for a free repair.
What Is the Toro TimeCutter Riding Mower?
According to the CPSC recall notice, the 2015 TimeCutter riding mowers are red and black, with a gray seat. TORO is printed on the front and sides. A TIMECUTTER decal sits in front of the seat [3].
The recall covers the 2015 model year, and the notice lists model numbers for those mowers. The dismissed lawsuits concerned the 2014 model year, which CPSC never recalled.
Who May Be Affected?
Owners of 2015 Toro TimeCutter riding mowers are covered by the recall. The mowers were sold at Home Depot and other hardware, lawn and garden stores nationwide from November 2014 through October 2015 for about $3,400.
The dismissed lawsuits concerned 2014 TimeCutter mowers. The Gruenwald mower was model 74637. An individualized legal review of your own facts is the only way to learn whether you have a claim.
Reported Injuries or Damages
The Gruenwald complaint alleges that a 2014 TimeCutter caught fire while parked in a garage on or about June 27, 2018. It says the fire engulfed the plaintiff’s entire home and caused a total loss.
The complaint adds that a homeowner’s insurer partly compensated the loss. These are allegations from one complaint. No court found a defect or liability in either case, and reports to a regulator are not proof of causation.
The CPSC recall notice reports five incidents of fuel leaking. It states that no injuries have been reported. Those reports concern 2015 mowers, so they do not show what caused the fire in the complaint.
Recall and Regulatory Background
CPSC recall 16-044 covers the 2015 TimeCutter models only. The remedy is a free repair at the nearest Toro dealer. A recall does not prove that Toro is liable for any fire.
Toro takes recall calls at 844-521-2384, 8 a.m. to 5 p.m. CT Monday through Friday. No later TimeCutter recall exists.
Evidence to Preserve
Keep these items if your TimeCutter leaked fuel or caught fire:
- The mower’s model and serial number from the frame decal
- Your purchase receipt and the date of purchase
- Registration records and any recall letters
- Photographs of the mower, any fuel leak and any fire damage
- Repair and dealer records
- Fire department and insurance claim reports
- Your communications with Toro
Keep the originals and store copies in a second place. Photograph a damaged mower before anyone repairs it, and keep any burned or leaking parts that remain.
Filing Deadlines
Filing deadlines for a mower fire claim come from state law, so they depend on where you live and on when the fire, damage or injury happened and when you learned of it.
Dates in your own records help. A missed deadline may end a claim, however strong the facts. Speak with a lawyer promptly if your TimeCutter caused harm.
Frequently Asked Questions
How Much Does It Cost to Repair a Recalled Toro TimeCutter?
The cost to repair a recalled Toro TimeCutter is nothing, because the repair is free. Registered owners receive a letter and a fuel filter from Toro. They may contact a dealer if they are uncomfortable with the replacement.
Which Toro TimeCutter Models Were Recalled?
The recalled Toro TimeCutter models are 74710, 74720, 74731, 74750, 74780, 74781, 74784, 74787, 74790 and 74797. The CPSC notice lists the serial number range for each model, so check your own mower against it.
Where Is the Maker of the Recalled Mowers Based?
The maker of the recalled mowers, The Toro Company, is based in Bloomington, Minn. The CPSC notice names it as the importer of the 2015 TimeCutter riding mowers sold in the United States and Canada.
How Can I Contact Toro About the TimeCutter Recall?
You can contact Toro about the TimeCutter recall online as well as by phone. Go to toro.com, choose Safety, then Product Recall Information, or call the toll-free number given in the recall notice.