Seven Automakers, Parts Supplier Hid Airbag Defect in 12.3M Vehicles, Case Claims

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Seven automakers and an auto parts supplier are at the center of a proposed class action lawsuit that claims they have failed to warn drivers about an alleged defect in the airbag deployment systems of more than 12.3 million cars.

Among the defendants are Kia Motors America, Inc.; Hyundai Motor America; FCA US LLC; Mitsubishi Motors America, Inc.; American Honda Motor Co., Inc.; Acura; and Toyota Motor Sales, U.S.A., Inc.

At issue in the lawsuit is an airbag control unit (ACU) manufactured by defendant ZF TRW Automotive Holdings Corp. that is responsible for engaging the safety features in a vehicle, including airbag deployment and the seatbelt pretensioner, in the event of a collision. According to the case, the control unit can become “overstressed” by excess electrical signals during a crash and fail to deploy the airbags and seatbelt locks.

Spurred into action by at least four deaths and six injuries that may have been related to the alleged defect, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into the issue in 2018, the case says, and reportedly found that ZF TRW and car manufacturers had known about the possibly defective ACU since as early as August 2011. Indeed, drivers have allegedly been reporting airbag deployment issues to the NHTSA since at least 2012.

“Under the Federal Motor Vehicle Safety Standards, manufacturers are required to issue a full vehicle recall within five days of learning of a defect,” the complaint stresses.

Despite their apparent knowledge of the potential defect, the defendants, the case goes on, have yet to issue a full recall.

The lawsuit says FCA, Hyundai, and Kia have each issued partial recalls due to reported deaths and injuries related to airbag deployment failures, citing “inadequate circuit protection” as the cause of the defect. Nevertheless, the case argues, the defendants have since 2011 continued to advertise and market their vehicles as “safe and reliable” without warning drivers and customers of the potential danger presented by the allegedly defective airbag units.

“Defendants could have taken steps to ensure the safety of the public in August of 2011, but instead chose to cover up the safety problems,” the complaint states, calling the carmakers’ conduct an “egregious breach of public trust.”

The plaintiffs, whose cars the suit says are now diminished in value, claim they would not have purchased their vehicles, or would have paid less for them, had they known about the potential defect.

This lawsuit expands on a similar suit filed in late May 2019 that specifically targeted Dodge and Jeep vehicles. The full list of potentially affected vehicles can be found on pages 11 and 12 of the complaint (below).