BMW named in class action over delay in replacement of front air bag module

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Plaintiff brings this class action to remedy BMW’s systematic breach of its warranty obligations to replace recalled defective airbags within a “reasonable period of time.”

As alleged, in March 2016, BMW sent a recall notice to Plaintiff and the Class stating that 2006-2015 BMW 1 Series, 3 Series, and X1, X3, X5 and X6 vehicles contained a defect that “could cause rupturing of the air bag inflator, resulting in metal fragments striking the driver or other passengers potentially resulting in serious injury or death” (the “Recall Notice” or “Notice”). The Notice informed Plaintiff that “[t]he driver’s front air bag module will be replaced free of charge when parts become available.” However “at the present time [BMW] do[es] not have parts available.”

Plaintiff is informed and believes that replacement parts will not be available for at least six months and possibly much longer. This is an unreasonable period of time to remedy the defect and provide required compensation or a suitable alternative for Plaintiff and the putative Class.

The complaint alleges that BMW’s failure to replace the admittedly deadly air bag module within a reasonable time causes Plaintiff and the putative Class herein direct and concrete loss and cost. Plaintiff and the other members of the Class cannot safety drive their expensive BMW vehicles, depreciation causes declining value in those vehicles, the BMW vehicles are essentially unsaleable and BMW’s warranty, for which Plaintiff and the other members of the Class paid as part of their purchase price, is at least partially exhausted even as they are unable to drive their vehicles.

BMW’s systematic failure to replace the deadly air bag module, and the consequential exhaustion of valuable warranty coverage even as Plaintiff and members of the Class are unable to use their vehicles, is an “unconscionable commercial practice” in violation of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-2), breaches BMW’s contractual covenant to replace defective parts within a “reasonable time”, violates BMW’s contractual covenant to provide four years of warranty coverage, and transgresses the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301, et seq.) along with the National Traffic and Motor Vehicle Safety Act of 1966.

COMPLAINT

BMW recalls more than 420,000 vehicles over defective airbags

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BMW of North America is recalling certain model year 2002-2005 325i, 325xi, 330i, and 330xi Sedans, and 325xi and 325i Sportswagons, 2002-2006 330Ci, 325Ci, and M3 Convertibles and 325i, 330i, and M3 Coupes, 2002-2003 M5, 540i, 525i Sedan, and 530i Sedans, and 540i and 525i Sportswagons, and 2003-2004 X5 3.0i and 4.4i Sports Activity Vehicles. Please note that the 5-series and X5 vehicles are only included if they are equipped with the optional sports steering wheel. The affected vehicles are equipped with a dual-stage driver frontal air bag that may be susceptible to moisture intrusion which, over time, could cause the inflator to rupture.

In the event of a crash necessitating deployment of the driver’s frontal air bag, the inflator could rupture with metal fragments striking the driver or other occupants resulting in serious injury or death.

Approximately 420,661 vehicles are affected by the recall.

BMW will notify owners, and dealers will replace the front driver air bag module, free of charge. The manufacturer has not yet provided a notification schedule.

 

Toyota recalls cars sold in high absolute humidity areas for faulty and dangerous airbags

Toyota is recalling certain model year 2002-2005 Lexus SC and Toyota Sequoia and 2003-2005 Toyota Tundra, Corolla, Corolla and Matrix vehicles that were originally sold, or are currently registered, in high absolute humidity areas of southern Florida, along the Gulf Coast, Puerto Rico, Hawaii, the U.S. Virgin Islands, Guam, Saipan and American Samoa. The inflators in the front passenger air bags are susceptible to rupture in the event of a crash necessitating the deployment of the front passenger air bag.

Toyota estimates approximately 247,000 vehicles are affected by the recall.

The recall was necessitated by a safety hazard posed by the affected airbags.  In the event of a crash necessitating deployment of the front passenger’s frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the passenger seat occupant or other occupants.

Toyota will notify owners of affected Toyota and Lexus vehicles and will replace the passenger side air bag inflator, free of charge. If a replacement inflator is not available, as an interim measure, the dealer will disable the front passenger air bag and advise the customer not to use the front passenger seat until a replacement inflator is installed. Toyota will begin its owner notification and remedy of the affected Toyota and Lexus vehicles on or around October 25, 2014.

If you have been injured by such a faulty airbag, please share your story, or contact us to inquire about your legal rights.

BMW recalls 2002-2003 325i, 325xi, 330i, 330xi sedans over defect in the passenger side frontal air bag

BMW recalls 2002-2003 325i, 325xi, 330i, 330xi sedans over defect in the passenger side frontal air bag

BMW is recalling certain model year 2002-2003 325i, 325xi, 330i, 330xi sedans; 325Ci and 330Ci coupes and convertibles; 325iT and 325xiT Sports Wagons; and M3 coupes and convertibles to address a safety defect in the passenger side frontal air bag which may produce excessive internal pressure causing the inflator to rupture upon deployment of the air bag.

In the event of a crash necessitating deployment of the passenger’s frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the passenger seat occupant or other occupants.

BMW intends to issue initial notifications to owners informing them of the safety defect in May. Once replacement parts are available, estimated for July, BMW will notify owners again to contact their dealers and schedule a replacement of the passenger air bag, free of charge.

Chrysler recalls 2008-2012 Jeep Wrangler vehicles over airbag issues

Chrysler Group LLC is recalling certain model year 2008-2012 Jeep Wrangler right-hand drive vehicles manufactured February 1, 2007, through October 10, 2011. The affected vehicles have airbag clock-spring assemblies that could experience broken airbag circuits.

In the event of a crash necessitating airbag deployment, a broken electrical circuit in the airbag clock-spring wiring assembly can lead to non-deployment of the driver-side frontal airbag and will not be able to properly protect the driver, increasing the risk of injuries.

Chrysler will notify owners, and dealers will replace the clock-spring and add a steering wheel dust shield, free of charge. The recall is expected to begin May 2013.

Toyota recalls certain 2002 through 2004 Toyota Corolla, Corolla Matrix, Sequoia, Tundra, Lexus SC, and Pontiac Vibe vehicles to address a safety defect in the passenger side frontal air bag

Toyota is recalling certain model year 2002 through 2004 Toyota Corolla, Corolla Matrix, Sequoia, Tundra, Lexus SC, and Pontiac Vibe vehicles to address a safety defect in the passenger side frontal air bag which may produce excessive internal pressure causing the inflator to rupture upon deployment of the air bag. This recall addresses both the passenger side frontal air bags that were originally installed in the vehicles, as well as replacement air bags that may have been installed as replacement service parts. A replacement air bag may have been installed, as one example, if a vehicle had been in a crash necessitating the replacement of the passenger side frontal air bag.

In the event of a crash necessitating deployment of the passenger’s frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the passenger seat occupant or other occupants.

Toyota will notify owners of affected Toyota and Lexus vehicles and General Motors will notify owners of affected Pontiac Vibe vehicles. Toyota, Lexus, and GM dealers will inspect vehicles, and where a defective air bag inflator is identified, the inflator will be replaced, free of charge. The manufacturer has not yet provided the agency with a notification schedule.

Honda recalls certain model year 2001-2003 Civic, 2002-2003 CR-V, and 2002 Odyssey vehicles over safety defect with passenger side frontal air bag

Honda is recalling certain model year 2001-2003 Civic, model year 2002-2003 CR-V, and model year 2002 Odyssey vehicles to address a safety defect in the passenger side frontal air bag which may produce excessive internal pressure causing the inflator to rupture upon deployment of the air bag. This recall addresses both the passenger side frontal air bags that were originally installed in the vehicles, as well as replacement air bags that may have been installed as replacement service parts.

In the event of a crash necessitating deployment of the passenger’s frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the passenger seat occupant or other occupants.

Owners of all vehicles on which a defective air bag may have been installed either as original equipment, or as a replacement, will be notified. Dealers will inspect vehicles, and where a defective air bag inflator is identified, the inflator will be replaced, free of charge. The safety recall will begin on May 11, 2013

Chrysler recalls certain model year 2011-2012 Chrysler 300, Dodge Challenger, and Dodge Charger vehicles over improperly sized terminal crimps on the seat side-airbag

Chrysler is recalling certain model year 2011-2012 Chrysler 300, Dodge Challenger, and Dodge Charger vehicles manufactured April 11, 2011, through December 14, 2011. The affected vehicles may have improperly sized terminal crimps on the seat side-airbag wiring harness which may cause the seat side-airbags to malfunction and illuminate the airbag warning light.

In the event of a crash necessitating airbag deployment the airbags may not operate as designed, increasing the risk of injury.

Chrysler has agreed to notify owners, and dealers will replace both driver and passenger seat airbag wiring harnesses, free of charge. The recall is expected to begin during April 2013.