Wagner sued over drill charger

The Consumer Product Safety Commission said the local company didn't tell consumers of a fire hazard for years.

December 25, 2008 at 2:34AM

The Consumer Product Safety Commission is seeking unspecified civil penalties against Plymouth-based Wagner Spray Tech Corp. for allegedly failing to promptly inform the government about a defective cordless power drill battery charger that could overheat and cause a fire.

From 1996 to December 2003, Wagner distributed 180,000 of suspect China-made chargers throughout the United States, according to a lawsuit filed Wednesday by the government in U.S. District Court in Minneapolis. The Consumer Product Safety Commission said Wagner learned that the chargers could overheat and start a fire in July 1999 but failed to report the defect to the commission until more than four years later.

By 2001, the lawsuit says, Wagner began to receive "an influx of complaints" that the company's own quality experts found to be "alarming." Wagner notified the Chinese manufacturer about the problem and the manufacturer said it would add an overheating protection fuse on the charger. Wagner eventually determined that many of the newer chargers lacked the fuse after it received additional reports of more fire damage caused by overheating.

The company did not notify consumers of the problem until March 2004, the complaint says. The safety commission said Wagner should have immediately informed it of the defect. The commission is seeking civil penalties from the company as well as costs for the lawsuit.

Wagner's offices were closed Wednesday for the holidays, and company officials were not available for comment.

David Phelps • 612-673-7269

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Gene J. Puskar/The Associated Press

Minnesota Rep. Michael Howard, who represents Richfield, said the employees also were injured in the incident.

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