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Airbag Failure to Deploy Canadian Class Action
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QC Jun 25, 2019 [en]
Amended Application for Authorization -
QC May 06, 2019 [en]
Application for Authorization
CONSUMER LAW GROUP has instituted a class action lawsuit against Hyundai, Kia, and ZF-TRW Automotive, over defective vehicle airbags that fail to operate during crashes due to electrical overstress (“EOS”).
The Subject Vehicles include:
• 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 Sportswagon 2012-2013
• Dodge Nitro 2010-2011
• Dodge Ram 1500 2009
• Dodge Ram 3500 2010
• Fiat 500 2012-2019
• 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
• Jeep Compass 2015-2017
• Jeep Liberty 2010-2012
• Jeep Patriot 2015-2017
• Jeep Wrangler 2010-2018
• Kia Forte 2013
• Kia Forte KOUP 2013
The defective ZF-TRW airbags were also supplied to other vehicle manufacturers, including Toyota, Acura, Honda, Fiat Chrysler/Dodge/Ram/Jeep, and Mitsubishi.
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, both vital to maximizing safety in a vehicle crash, from deploying. ZF-TRW, Hyundai, and Kia became aware of the ACU defect as early as 2011, but did nothing to protect consumers or warn of the product dangers until 2018.
Throughout this nearly decade-long period, unsuspecting U.S. consumers purchased vehicles with defective ACUs which create a dangerous condition that gives rise to a clear, substantial, and unreasonable danger of personal injury, indisputably posing a grave and wholly unnecessary safety risk.
ZF-TRW, Hyundai, and Kia put profits ahead of safety by continuing to equip vehicles with defective ACUs year after year, even though they knew or should have known those ACUs were defective. Despite the number of airbag failures, injuries, and deaths caused by the ASIC Defect, ZF-TRW, Hyundai, and Kia were slow to fully investigate the problem and slow to report the danger to drivers and passengers of all defective ACU equipped vehicles. Only after several deaths, injuries, and investigations did Hyundai and Kia choose to recall a fraction of their vehicles equipped with the ASIC Defect.
As a result of this misconduct, Plaintiffs and members of the proposed Classes were harmed and suffered actual damages; they did not receive the benefit of their bargain, and instead purchased or leased vehicles that are of a lesser standard, grade, and quality than represented, and did not receive vehicles that met ordinary and reasonable consumer expectations regarding safe and reliable operation. Purchasers or lessees of the affected vehicles paid more, either through a higher purchase price or higher lease payments, than they would have had the ASIC defect been disclosed. Plaintiffs and the Classes were deprived of having a safe, defect-free airbag installed in their vehicles, and ZF-TRW, Hyundai, and Kia unjustly benefited from their unconscionable delay in recalling its defective products, as they avoided incurring the costs associated with recalls and installing replacement parts for years.
If you or someone you know has owned or leased one of the Class Vehicles listed above and you wish to obtain more information on potential compensation or to be kept advised of the status of the Airbag Failure to Deploy Class Action litigation or any resulting compensation resulting from the National Class Action Lawsuit in Canada, Quebec or Ontario, please provide your contact information to our law firm using the below form.
IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.
