The complaint alleges that BMW of North America, LLC has breached warranties with customers in selling model year 2020-2021 vehicles with a known defect in their batteries. The complaint alleges that BMW has known about the defect, but keeps selling the autos, and that it has made no recall and has no fix for the problem, despite its seriousness.
The Nationwide Class for this action is all persons or entities in the US who are or were owners or lessees of BMW vehicles which have the Electrical System: Propulsion System; Traction Battery, including the 2020-2021 530e, 530e xDrive, 530e iPerformance and X3 xDrive30e and MINI Cooper Countryman All4 SE, 2020 BMW i8, and 2021 330e, 330e xDrive, 745Le xDrive and X5 xDrive45e vehicles. Alternatively, it proposes a California Class.
Unfortunately, the complaint says these vehicles’ “battery systems have a serious manufacturing defect that causes the battery system to be unreasonably dangerous, due to manufacturing debris in the manufacturing process…. As a result, [Kavon] and members of the proposed class have been cautioned not to charge the battery under any circumstances, nor should they use the vehicle in ‘sport’ mode.”
The plaintiff in this case, Adam Kavon, leased a new 2021 BMW X5, at some time around September 15, 2020, in California. The complaint says that the “Manufacturer issued and supplied to [Kavon] several written warranties, as well as other standard warranties fully outlined in the Manufacturer’s Warranty Booklet.”
The complaint claims that BMW knew about the battery defect, through its own sources, its testing processes, and customer complaints. However, the complaint alleges that BMW “actively concealed” the problem and “continued to entice consumers to purchase the [vehicles] without remedying the underlying extremely dangerous manufacturing issues with the defective battery systems.”
No repair has been done on the vehicles. BMW says that no fix is available. Rather cryptically, the complaint also reports that customers such as Kavon “were made to foot the costs of the cabin filter changes, which were repairs that fall outside of the Manufacturer’s warranty…”
Kavon leased his vehicle around September 15; on September 30, BMW notified him of the defect, saying, “Debris may have entered one or more of the hybrid battery cells during production.”
The complaint asserts, “As a result, the vehicles, and their drivers, were at risk of, as stated by BMW in their printed bulletin, ‘a short circuit, increasing the risk of fire or injury.’”
According to the complaint, BMW’s actions on this matter have been inadequate. The bulletin did not offer customers alternate vehicles. Its only word on how to respond to the problem was to say, “Until the remedy is available, drivers will be instructed to not charge their vehicles. Drivers will also be instructed to not drive in manual mode, sport mode, and to not use the shift paddles.”
The counts primarily relate to breaches of warranties and violations of California’s Unfair Business Practices Act.
Article Type: LawsuitTopic: Automobile
Most Recent Case Event
BMW 2020-2021 Vehicles Battery Systems Defect Complaint
November 2, 2020
The complaint alleges that BMW of North America, LLC has breached warranties with customers in selling model year 2020-2021 vehicles with a known defect in their batteries. The complaint alleges that BMW has known about the defect, but keeps selling the autos, and that it has made no recall and has no fix for the problem, despite its seriousness.
BMW 2020-2021 Vehicles Battery Systems Defect ComplaintCase Event History
BMW 2020-2021 Vehicles Battery Systems Defect Complaint
November 2, 2020
The complaint alleges that BMW of North America, LLC has breached warranties with customers in selling model year 2020-2021 vehicles with a known defect in their batteries. The complaint alleges that BMW has known about the defect, but keeps selling the autos, and that it has made no recall and has no fix for the problem, despite its seriousness.
BMW 2020-2021 Vehicles Battery Systems Defect Complaint