Santa Clara, CA: A $67 million settlement is moving ahead potentially ending a class action lawsuit alleging that solar panels manufactured and sold by BP Solar and Home Depot are defective.
In the suit, the Plaintiffs alleged that the BP solar panels at issue were substantially certain to fail within their warranted lives due to an inherent defect in the junction box, the small casing on the back of the panel where soldered output cable connections are housed.
Specifically, the BP solar panels at issue were manufactured between 1999 and 2007 with an S-type junction box (“Class Panels”). The lawsuit claims these panels are defective and prone to junction box failures which could cause burn marks at the junction box, shattered glass, and a potential fire hazard. BP and Home Depot deny these claims.
The panels were sold through various distributors and retailers, including but not limited to Solar Depot and Home Depot.
Settlement Class Members with certain higher failure rate models, or with high failure rates in their arrays, will be eligible for complete replacement of their solar panels. Others will receive replacement of failed panels and a new inverter with advanced safety technology. Owners of large, non-residential systems will be entitled to a mediated commercial negotiation with BP, with extended opt-out rights.
The Settlement includes anyone in the United States who: (1) purchased certain BP solar panels for installation on a property, or (2) currently owns a property on which these panels are installed and, in either case, who still owns some or all of the BP solar panels.
