Certain Nissan, Infiniti Side Curtain Airbags Deploy Without Warning, Class Action Alleges

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A proposed class action alleges certain 2015-2019 model year Nissan and Infiniti vehicles suffer from an on-board computer algorithm defect that can cause the side curtain airbag to spontaneously deploy without warning or provocation. 

The 10-page lawsuit alleges Nissan and Infiniti drivers such as the plaintiff have spent thousands to replace their airbags without reimbursement from defendant Nissan North America, Inc. The case states that once a side curtain airbag deploys, an event that coincides simultaneously with seatbelt pretensioner igniter deployment, an affected vehicle is no longer safe to operate without first undergoing extensive repair work. 

According to the lawsuit, the side curtain airbag of an affected Nissan or Infiniti model can deploy without warning while a vehicle is being used in a normal, foreseeable and safe manner, and in the absence of any danger that would necessitate airbag deployment. 

The filing alleges Nissan knew of the apparent “SRS defect” prior to when drivers bought or leased their vehicles yet failed to disclose and actively concealed the issue at the time of purchase. 

“Nissan continues to conceal the existence, nature, and extent of the SRS Defect to consumers, even though the SRS Defect is a very serious problem which poses a safety hazard to purchasers and lessees of the Class Vehicles, and the public,” the suit claims. 

Further, Nissan, despite being aware of the purported side curtain deployment problem, has denied consumers’ reimbursement requests, the case alleges. The complaint relays that although there have been a number of driver complaints lodged with both the automaker and the National Highway Traffic Safety Administration over the SRS defect, Nissan has nevertheless “refused” to warn consumers about the problem, much less remedy it. 

The lawsuit looks to represent all consumers who owned or leased a 2015 through 2019 model year Nissan or Infiniti vehicle at any time from 2015 through the present. 

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