InSinkErator Disposal Design Defect Class Action, What the Lawsuit Alleges, Who Is Affected, and What You Should Do Now 2026

If your InSinkErator garbage disposal started leaking or rusting years before it should have, you’re not imagining things — and you’re not alone. A class action lawsuit is now active against InSinkErator, and here’s exactly what’s happening and what it could mean for you.

The Design Defect: What’s Actually Wrong

The lawsuit targets InSinkErator’s Badger series garbage disposals. The core allegation is simple: InSinkErator used zinc-coated galvanized steel in the grind assembly — a material that corrodes when exposed to water over time.

That’s a problem, because garbage disposals sit in water constantly. According to court filings in Miller v. Emerson Electric Company (Case No. 1:23-cv-04089, N.D. Illinois, filed June 15, 2023), water from the sink permeates the zinc coating, corrodes the underlying steel, and eventually causes the housing or bottom of the unit to crack and leak.

The industry standard lifespan for a garbage disposal is 12 to 15 years. Many Badger units are failing in just 3 to 5 years.

Who Filed the Lawsuit and Why

Two separate class actions are now active. The first was filed on June 15, 2023, by plaintiffs Anita Miller and Cheryl Moraska in the U.S. District Court for the Northern District of Illinois. They are represented by attorneys at Milberg Coleman Bryson Phillips Grossman, LLC.

The second was filed on December 16, 2025, by Thomas Cohen and Erik Paulsen in the U.S. District Court for the Northern District of California (Case No. 5:25-cv-10719). The plaintiffs allege InSinkErator marketed these disposals as built with “Rugged Galvanized Steel Construction for Disposer Durability” — while allegedly knowing the material was not suitable for long-term use.

Both lawsuits claim breach of warranty, fraudulent concealment, and violations of state consumer protection laws.

Who Is Affected?

The lawsuits seek to represent a broad class of consumers. The December 2025 complaint targets anyone in the United States or California who purchased an InSinkErator garbage disposal manufactured on or after December 15, 2018.

The Badger series disposals — priced between $100 and $200 — have been sold since the 1990s and are widely available at major home improvement retailers. If you own one and it has leaked, rusted, or failed early, you may fall within the class definition once certification is granted.

What Damages Are Being Claimed?

The plaintiffs are seeking class certification, monetary damages, attorney fees, costs, and a jury trial. Many affected consumers have reported water damage to kitchen cabinetry and flooring — repair costs that can run $3,500 to $5,000 or more, according to consumer complaints referenced in court filings.

As of January 2026, no settlement has been reached in either case. Both lawsuits are in early litigation stages.

What You Must Know

No settlement or claim form exists yet. You do not need to file anything right now. However, preserving your evidence matters.

A similar product defect case — the Rheem Water Heater Defective Drain Valve Class Action Settlement — involved over 600,000 water heaters with cracking plastic drain valves. That case moved from lawsuit to approved settlement, offering up to $1,500 per claimant. The InSinkErator case could follow a similar path.

The BMW Transfer Case Class Action is another active product defect case where a manufacturer allegedly knew about a defect years before consumers were told — a pattern courts take seriously.

What to Do Next

Step 1: Check your disposal model. Look under your sink for the brand name and model number on the unit. If it says “Badger” anywhere on it, pay attention to this case.

Step 2: Document everything. Take photos of any rust, cracks, or leaking. Save your original receipt or proof of purchase. Keep any repair receipts.

Step 3: File a complaint. Report your experience to the Consumer Product Safety Commission (CPSC) at cpsc.gov. Official complaints strengthen class action cases and can trigger regulatory investigations.

Step 4: Monitor the case. Follow updates through legal news sources. When class certification is granted, eligible consumers will be notified with instructions on how to participate.

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FAQs

What is the InSinkErator design defect?

The defect involves zinc-coated galvanized steel corroding inside the garbage disposal when exposed to water, causing the unit to crack, leak, and fail years before its expected lifespan.

Why was InSinkErator sued?

Plaintiffs allege InSinkErator knew the galvanized steel material was unsuitable for long-term use but marketed the Badger disposals as durable and concealed the defect from consumers.

Which InSinkErator models are affected?

The lawsuits specifically target the Badger series disposals. These are widely sold under the InSinkErator brand and sometimes under store brands like Home Depot or Whirlpool.

Can I file a claim right now?

No. As of January 2026, no settlement has been approved and no claim form is available. You should document your evidence and monitor the case for updates.

How much could I receive if there is a settlement?

That is unknown at this time. Compensation in product defect class actions depends on the total settlement amount, the number of claimants, and individual damages. No specific payout can be guaranteed.

What should I do if my disposal is already leaking?

Document the damage immediately with photos and dates. Save all repair receipts. File a complaint with the CPSC. These steps protect your ability to participate if a settlement is reached.

Is this related to other InSinkErator lawsuits?

Yes. A prior Tide Pods Class Action Lawsuit demonstrated how consumer product defect cases can hold manufacturers accountable. InSinkErator also faced a $3.8 million settlement in 2018 over defective F-201 water filters — showing the company has a history of product defect litigation.

Last Updated: January 28, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

If you own an InSinkErator Badger disposal and have experienced leaking or damage, start documenting now — your evidence could matter when this case moves forward.

Stay informed, stay protected. — AllAboutLawyer.com

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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