New Mercedes-Benz Lawsuit Says Recalled 2004-2015 ML-, GL-, R-Class Vehicles Plagued by Dangerous Braking System Defect

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A proposed class action lawsuit alleges 2004-2015 model year Mercedes-Benz ML-, GL- and R-Class vehicles suffer from a potentially deadly braking system defect that, despite a worldwide recall from the automaker, has no effective, or timely, fix.

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The 62-page Mercedes lawsuit accuses the automaker of failing to inform drivers of the seemingly widespread braking system issue, which can cause the partial or total loss of braking ability, and of forcing consumers to find other means of transportation so as to not drive the potentially deadly 2004-2015 ML-, GL- and R-Class vehicles. 

In particular, the Mercedes-Benz brake defect allows moisture to accumulate in a vehicle’s brake booster housing, causing corrosion that can result in reduced brake performance or total brake failure, the complaint states. 

The proposed class action alleges Mercedes-Benz has known of the braking system defect since at least mid-June 2009, when it issued to dealers a technical service bulletin that “warned of the danger corrosion may have on brake components” in certain vehicles, including those mentioned in the lawsuit. 

The case relays Mercedes, after an “unidentified incident,” rolled out an “untimely and ineffective” recall of affected vehicle models in May 2022 over brake booster corrosion, instructing drivers, in apparent acknowledgment of the seriousness of the defect, to immediately stop driving their cars. 

“Nevertheless, Defendants chose to omit material information about the Brake Defect and not to disclose these problems to Plaintiffs and the Class, so that they could continue to profit from the sale of the Class Vehicles,” the filing reads. “It was only in May of 2022 that Mercedes decided to conduct a safety recall of the Class Vehicles.” 

As the “scope and severity” of the Mercedes brake problems became more apparent, the automaker expanded its May 2022 the following month, with the global recall covering one million Mercedes-Benz vehicles worldwide, over concerns that their brakes could fail, the complaint shares. 

“Tests showed that advanced corrosion in the joint area of the brake booster housing in some of the vehicles could cause problems with the braking mechanism. Mercedes said it was recalling the cars for inspection, and had ‘no way of knowing exactly how many would have corrosion damage.’” 

Though Mercedes announced the recall on May 11, 2022, the automaker delayed sending notice to drivers until between May 27 and June 30 of that year, causing “additional loss of use and out-of-pocket expenses” to proposed class members, the suit says. 

By failing to disclose the brake defect o the public—and by failing to fix the problem, delaying a recall and “otherwise failing to act reasonably”—Mercedes-Benz has put its own profits over the safety of consumers, the lawsuit alleges. 

“The Class Vehicles do not meet ordinary and reasonable consumer expectations regarding the quality, durability, or value and are unfit for their intended purpose. Moreover, the Brake Defect seriously endangers drivers, passengers, and the general public.” 

The Mercedes brake defect lawsuit looks to cover all individuals who bought a 2004-2015 model year Mercedes ML-Class, GL-Class, and R-Class vehicle in the United States that contains the alleged braking system problem. 

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