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
195 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
187 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
183 days ago


andrea c. said
105 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
93 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.

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