Grabar Law Office has filed a putative class action complaint for a breach of public trust by seven automotive manufacturers and a tier-one parts supplier, who have concealed a deadly airbag defect in 12.3 million U.S. cars. On the heels of the Takata airbag recall, and the $1.5 billion in class action settlements that accompanied it, it is alleged that the manufacturers in this new putative class action – Acura, Honda, Toyota, FCA, Mitsubishi, Kia and Hyundai – have known of this new airbag defect for years and have refused to issue a recall to fix it. At issue is the vehicles’ airbag control unit (“ACU”) manufactured by supplier ZF-TRW that becomes over-stressed by excess electrical energy generated during a crash. The “electrical over-stress” forces the ACU to seize-up at the moment of impact, causing the airbags to not deploy and the seatbelt locks to fail. After numerous reports of deaths and serious injuries, in 2018 the National Highway Safety Traffic Administration (“NHTSA”) launched an investigation into the matter, only to find out that ZF-TRW had been having in-depth discussions with manufacturers about the defective ACU since at least 2011. Under the Federal Motor Vehicle Safety Standards, manufacturers are required to issue a full vehicle recall within five days of learning of a defect.
In April 2019, NHTSA elevated the investigation to an Engineering Analysis and expanded the scope of the investigation to include other manufacturers who had installed the ZF-TRW made ACU in their production vehicles. At its early investigation stages, NHTSA has confirmed that the defective ACU has been linked to at least four deaths; however, NHTSA complaint logs confirm that many more fatalities have been reported to NHTSA that are still under investigation. The Class Action complaint brings claims against each of the seven automotive manufacturers and the tier-one parts supplier for violations of the Magnuson Moss Act, violations of California consumer protection statutes and violations of common law claims of fraud and unjust enrichment.
The impacted vehicles are:
| MakeMake | Model | Years |
| Acura | RLX | 2014-2019 |
| Acura | RLX Hybrid | 2014-2019 |
| Acura | TL | 2012-2014 |
| Acura | TLX | 2015-2017 |
| Acura | TSX | 2012-2014 |
| Acura | TSX Sport Wagon | 2014 |
| Acura | TSX Sportwagon | 2012-2013 |
| Dodge | Nitro | 2010-2011 |
| Dodge | Ram 1500 | 2009 |
| Dodge | Ram 3500 | 2010 |
| Fiat | 500 | 2012-2019 |
| Jeep | Compass | 2015-2017 |
| Jeep | Liberty | 2010-2012 |
| Jeep | Patriot | 2015-2017 |
| Jeep | Wrangler | 2010-2018 |
| Honda | Accord | 2013-2015 |
| Honda | Accord Hybrid | 2014-2015 |
| Honda | Civic | 2012-2015 |
| Honda | Civic GX | 2012-2015 |
| Honda | Civic Hybrid | 2012-2015 |
| Honda | Civic SI | 2012-2015 |
| Honda | CR-V | 2012-2016 |
| Honda | Fit | 2012-2017 |
| Honda | Fit EV | 2013-2014 |
| Honda | Ridgeline | 2012-2014 |
| Hyundai | Sonata | 2013-2019 |
| Hyundai | Sonata Hybrid | 2013-2019 |
| Kia | Forte | 2010-2013 |
| Kia | Forte Koup | 2013 |
| Kia | Optima | 2013-2019 |
| Kia | Optima Hybrid | 2012-2016 |
| Kia | Sedona | 2014 |
| Mitsubishi | Lancer | 2013-2017 |
| Mitsubishi | Lancer Evolution | 2013-2015 |
| Mitsubishi | Lancer Ralliart | 2014-2015 |
| Mitsubishi | Lancer Sportback | 2013-2016 |
| Mitsubishi | Outlander | 2013 |
| Ram | 1500 | 2009-2012 |
| Ram | 2500 | 2010-2012 |
| Ram | 3500 | 2010-2012 |
| Ram | 4500 | 2011-2012 |
| Ram | 5500 | 2011-2012 |
| Toyota | Avalon | 2012-2018 |
| Toyota | Avalon Hybrid | 2013-2018 |
| Toyota | Corolla | 2011-2019 |
| Toyota | Corolla IM | 2017-2018 |
| Toyota | Corolla Matrix | 2011-2013 |
| Toyota | Sequoia | 2012-2017 |
| Toyota | Tacoma | 2012-2019 |
| Toyota | Tundra | 2012-2017 |
If you would like to learn more about this action, contact us today at 267-507-6085 or email [email protected].
A Copy of the Complaint can be viewed here: 001 – Complaint
