Complaint Alleges Vehicle Manufacturers Became Aware of Defect as
Early as 2011; Did Nothing to Protect Consumers, Warn of Product Dangers
Until 2018
Defective Airbags Supplied to Other Automakers including
Toyota/Acura, Honda, Fiat Chrysler/Dodge/Jeep and Mitsubishi
LOS ANGELES–(BUSINESS WIRE)–The national law firms of Baron
& Budd and Lieff
Cabraser today announced that the firms have filed a class action
lawsuit against Hyundai Motor America, Kia Motor America, and ZF-TRW
Automotive Holding Corp., over allegedly defective vehicle airbags that
fail to operate during crashes due to electrical overstress (“EOS”). The
suit was filed on April 29, 2019, in U.S. District Court in the Central
District of California – Southern Division (Case 8:19-cv-00782).
The Complaint alleges that a defect in the application-specific
integrated circuit (“ASIC”) built into the airbags causes a failure in
the Airbag Control Unit (“ACU”) that prevents the airbags and the seat
belt pretensioners from deploying. Additionally, the Complaint alleges
ZF-TRW, Hyundai, and Kia learned about the ACU defect as early as 2011,
but did not take any steps to protect customers or directly warn
consumers about the dangerous products until 2018. The suit further
alleges that the manufacturers also failed to inform the National
Highway Traffic Safety Administration about the defect until 2015.
The complaint goes on to detail, “Even after advising NHTSA in 2015,
each of these companies downplayed the severity and frequency of these
non-deployment crashes. It was not until February and June of 2018 that
Hyundai and Kia, respectively, issued product recalls as to a small
segment of their vehicles.”
The defective ZF-TRW airbags were also supplied to other vehicle
manufacturers, including Toyota/Acura, Honda, Fiat
Chrysler/Dodge/Ram/Jeep, and Mitsubishi.
“For nearly a decade, unsuspecting U.S. consumers bought millions of
vehicles with allegedly defective airbags and seat belt pretensioners,
placing them and their loved ones in serious danger,” said Roland
Tellis, head of the Consumer Class Action group at the national law
firm of Baron & Budd. “The alleged conduct of these three corporations
was not only incredibly deceptive, it also placed drivers and their
passengers at a substantially higher risk of injury or death. The auto
industry needs to know that any time they place short-term profits over
consumer safety and vehicle safety standards, there will be real,
tangible consequences. Our team intends to fight vigorously to hold
these companies responsible for the damages we allege.”
Tellis previously filed the first defective airbag case against Takata
and several automakers resulting in a class action settlement of
approximately $1.5 billion.
The impacted “Class Vehicles” include the following makes and models:
Kia Forte 2013; Kia Forte Koup 2013; Kia Optima 2013-2019; Kia Optima
Hybrid 2012-2016; Kia Sedona 2014; Hyundai Sonata 2013-2019; and Hyundai
Sonata Hybrid 2013-2019.
The specific claims in the suit include: fraud; fraudulent concealment;
violations of the Racketeer Influenced and Corrupt Organizations Act
(“RICO”); violation of the Magnuson-Moss Warranty Act; unjust
enrichment; violation of the Song-Beverly Consumer Warranty Act for
Breach of Implied Warranty of Merchantability, and violation of the
California Unfair Competition Law. The lawsuit seeks class certification
as well as other legal remedies including an order to prevent Hyundai
and Kia from conducting further deceptive distribution, sales, and
leases; an award to plaintiffs and the class members of compensatory,
exemplary, and punitive damages; and an award for the return of the
purchase price of the affected vehicles.
If you own one of the vehicles listed in the lawsuit and would like
additional information, please call 866-782-6896 or visit www.checkmyairbag.com.
ABOUT BARON & BUDD, P.C.
Baron & Budd, P.C. is among the largest and most accomplished
plaintiffs’ law firms in the country. With more than 40-years of
experience, Baron & Budd has the expertise and resources to handle
complex litigation throughout the United States. As a law firm that
takes pride in remaining at the forefront of litigation, Baron & Budd
has spearheaded many significant cases for hundreds of entities and
thousands of individuals. Since the firm was founded in 1977, Baron &
Budd has achieved substantial national acclaim for its work on
cutting-edge litigation, trying hundreds of cases to verdict and
settling tens of thousands of cases in areas of litigation as diverse as
dangerous pharmaceuticals and defective medical devices, asbestos and
mesothelioma, environmental contamination, fraudulent banking practices,
motor vehicles, employment, and other consumer fraud issues.
Contacts
Baron & Budd, P.C.
Monica Cordova
214-523-6633
