Hagens Berman Files Class Action Against Hyundai for Defective Air Bags
Defective front-seat air bag sensors don't detect adults weighing less than 130 pounds
SANTA ANA, Calif., Nov. 17 -- Hagens Berman Sobol Shapiro filed a class-action lawsuit last week on behalf of an Ohio couple against Hyundai Motor Company (005380.KS) for selling cars with defective air bag sensors that fail to properly distinguish between children and small adult passengers, causing airbags to disable.
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Christopher and Nancy Kearney noticed their 2006 Hyundai Sonata would disable the front passenger side air bag when Nancy sat in the front passenger seat. Nancy weighs about 115 pounds. The airbag sensors in her car cannot properly distinguish between an adult the size of Nancy and a child, the suit claims.
"The defective airbag sensors put thousands of consumers like the Kearneys at risk," said HBSS attorney Rob Carey. "Hyundai knew about the problem, but failed to recall the cars and make certain the problem was fixed to ensure people are safe in the cars that Hyundai sold."
The lawsuit, filed in U.S. District Court in California, includes all 2006 to 2009 Hyundai vehicles, which totals an estimated 1.3 million cars with defective airbags sold to consumers during the three-year class period.
Federal laws require front air bags for both drivers and passengers for all vehicles, but the vehicles must also include sensors to determine when children sit in the front passenger seat to either deactivate the bag or deploy it with less force, the suit states.
But Hyundai customers across the country have complained to Hyundai that air bag sensors fail to detect adults weighing up to 130 pounds and deactivate the air bag, putting front-side passengers at risk.
Between 2006 and 2009, Hyundai manufactured, marketed, and sold at least seven different Hyundai models with an "Occupant Classification System" for its advanced airbag system. Hyundai installed advanced air bags in its 2006 to 2009 models including but not limited to Sonatas, Tucsons, Tiburons, Santa Fes, Elantras, Accents and Azeras.
The lawsuit also claims that Hyundai quickly became aware of the issue after hearing from upset owners but failed to disclose the defect to customers and current owners, the suit claims.
The complaint includes several claims against Hyundai including violation of the California Consumers Legal Remedies Act, violation of the California Unfair Competition Law, violation of the Magnuson-Moss Warranty Act and breach of express warranty.
If you own a Hyundai manufactured between 2006 and 2009, you can contact Hagens Berman Sobol Shapiro to discuss your options. Owners can e-mail amyw@hbsslaw.com, visit www.hbsslaw.com/hyundai or call 602.840.5900 to discuss the class action.
About Hagens Berman Sobol Shapiro
Hagens Berman Sobol Shapiro is a nationally recognized class-action and complex-litigation law firm based in Seattle with offices in San Francisco, Chicago, Boston, Los Angeles and Phoenix. Among recent successes, HBSS negotiated a $300 million settlement in the DRAM memory antitrust litigation, the largest antitrust settlement in U.S. history, recovered $340 million on behalf of Enron employees, and was part of the leadership team in the $3 billion Visa/MasterCard settlement. In pharmaceutical litigation, the firm's recent successes include a $350 million settlement with McKesson, more than $200 million with other parties in drug-pricing litigation, and a $150 million settlement regarding Lupron. HBSS represented Washington and 12 other states against the tobacco industry that resulted in the largest settlement in history. For a complete listing of HBSS cases, visit www.hbsslaw.com.
Contacts: Rob Carey and Amy Wilkins Hagens Berman Sobol Shapiro 602.840.5900 Rob@hbsslaw.com or amyw@hbsslaw.com Mark Firmani Firmani + Associates Inc. 206.443.9357 Mark@firmani.comPhoto: http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO
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