BMW named in class action lawsuit over failure to replace recalled defective airbags within a reasonable period of time

BMW

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Plaintiff brings this class action to remedy BMW’s systematic breach of its warranty obligations to replace recalled defective airbags within a reasonable period of time.

In March 2016, BMW sent a recall notice to Plaintiff and the Class stating that 2006-2015 BMW 1 Series, 3 Series, and X1, X3, X5 and X6 vehicles contained a defect that “could cause rupturing of the air bag inflator, resulting in metal fragments striking the driver or other passengers potentially resulting in serious injury or death” (the “Recall Notice” or “Notice”).

The Notice informed Plaintiff that “[t]he driver’s front air bag module will be replaced free of charge when parts become available.” However, “at the present time [BMW] do[es] not have parts available.” Plaintiff is informed and believes that replacement parts will not be available for at least six months and possibly much longer. This is an unreasonable period of time to remedy the defect and provide required compensation or a suitable alternative for Plaintiff and the putative Class.

As alleged, BMW’s failure to replace the admittedly deadly air bag module within a reasonable time causes Plaintiff and the putative Class herein direct and concrete loss and cost. Plaintiff and the other members of the Class cannot safety drive their expensive BMW vehicles, depreciation causes declining value in those vehicles, the BMW vehicles are essentially unsaleable and BMW’s warranty, for which Plaintiff and the other members of the Class paid as part of their purchase price, is at least partially exhausted even as they are unable to drive their vehicles.

COMPLAINT


Jodi V. said
614 days ago
After receiving a notice about 9 months ago, there is a recall on my 2014 BMW X1 airbag, the part has not been available at all and I have been told several times to wait until it is in stock. This is the only car I own and is driven on highway only.


Darrell J. said
607 days ago
I was in accident in my 2012 Mini Copper...airbags did not deploy...I broke my back in 9 places. I have all before and after MRI images.


Sylvester L. said
602 days ago


andrea c. said
525 days ago
I have the same issue. Also have fuel pump recall. Tried to trade my car in and they wont take it. Cant sell it.


Josh B. said
513 days ago
Been repeatedly told that airbags will be replaced when available for a year now. Nothing. I also have the faulty fuel pump recall. Nothing. There was a Brake Vacuum Pump recall in 2013 that I still haven't heard anything about. I'm highly unhappy and quite alarmed for my family's safety.


mahin p. said
407 days ago
I recieved notice of airbag problems about 2 years ago and still parts are not available. I was in an accident about a year ago and airbags did not inflate.


yosef a. said
388 days ago
airbag


said
359 days ago
Ok I called BM W everyone and they said the service manager at your local BMW shop has been given money to put you in a rental car just say you DO NOT feel safe. I did that and was put in a RENTAL CAR for three months but my airbags got done like ASAP . I don't think anyone else in my state has them . It happened because mine was rushed because they were having to put out money, see if that might work for you too. Best wishes because it really isn't safe!!!


Janard P. said
323 days ago
I have a 09 bmw 328i and have gotten two notice letters, first in march of 2016 and june 2017. They still have not fixed or replaced the airbag


Mikle G. said
321 days ago


Harold S. said
316 days ago
Own a 2014 BMW X1 28i purchased new in July 2014 at Moses BMW ST.Albans WV


Harold S. said
316 days ago
Own a 2014 BMW X1 28i purchased new in July 2014 at Moses BMW ST.Albans WV


Adrian J. said
316 days ago
I have a bmw 328 xi I was told back in 2015 that they would get in touch when the parts came in


Dana C. said
258 days ago
Yes. It took over a year for them to get my car in after I called. Immediately after Airbag was replaced I had multiple lights malfunction. My mechanic believes this is related to the vehicle during the recall. Now dealership says I need new transfer case. Experience has been very frustrating.


Andrea C. said
196 days ago
I have a 2011 BMW 328i was told they would call me when the part comes in.. several months past and i had an accident in my car from the front end. Airbags didn't deploy


THOMAS T. said
156 days ago
THREE BMW'S AND JUST GOT AIR BAGS REPLACED AFTER MORE THAN A YEAR A WAITING


THOMAS T. said
156 days ago
THREE BMW'S AND JUST GOT AIR BAGS REPLACED AFTER MORE THAN A YEAR A WAITING


Karen H. said
130 days ago
I have a 2006 325i and still ha e no replacements


marquita h. said
67 days ago
Same Issue


jessica g. said
41 days ago
my area was not a priority to replace the airbags and still need them put in

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