Allegedly Defective Subaru Windshields Spark Class Action Lawsuit in New Jersey

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Subaru of America is on the receiving end of a proposed class action lawsuit that alleges the windshields on certain 2017-2019 models can spontaneously crack, chip or otherwise break without warning. According to the 30-page case out of New Jersey federal court, replacement windshields provided by Subaru suffer from the same alleged defect and pose an equally dangerous and imminent safety risk to drivers and passengers.

The lawsuit highlights that a compromised Subaru windshield prevents the safe operation of the automaker’s “EyeSight Driver Assist Technology,” a system the company calls “the culmination of everything Subaru engineers know about safety.” Subaru’s EyeSight system, the suit says, “monitors traffic movement, optimizes cruise control,” and provides a warning in the event a driver swerves outside of their lane. Per the lawsuit, Subaru drivers who experience a defective windshield must bear not only the cost of replacement but also the “substantial additional expense” of getting their vehicle’s EyeSight system recalibrated.

As the complaint tells it, Subaru received a “tremendous volume of complaints” regarding the windshield defect yet has “concealed its knowledge from the public.” To date, the lawsuit claims, Subaru continues to deny the existence of the supposed windshield defect and has forced to consumers to bear costs and expenses stemming from the problem. The plaintiff, who says the windshield of her 2018 Forester cracked suddenly after a few months of ownership and then cracked again months after being replaced, asserts that the filing of the complaint comes in response to Subaru’s inaction.

“Plaintiff and numerous putative class members have complained to Defendant but [Subaru] has refused to accept liability, thereby necessitating the filing of this class action,” the lawsuit reads.

The plaintiff demands that Subaru accept responsibility for replacing damaged windshields under its new vehicle warranty at no charge, reimburse consumers for losses stemming from the apparent defect and offer to buy back affected cars.

Included in the proposed class are nationwide owners and lessees of 2017-2019 Subaru Forester and Outback vehicles, as well as consumers who formerly owned or leased either of the cars and incurred damages stemming from the alleged windshield defect. The case’s filing preceded that of a lawsuit brought in Illinois over similar allegations regarding the windshields of certain Honda CR-V models.