BMW Defective Cup Holder Can Damage Air Bag Controls Class Action

This class action brings sues BMW of North America, LLC for a cup holder defect. A cup holder defect? Yes, because the complaint alleges that the specifics of the defect can lead to damage to the airbags. (Note that this class action does not deal with any claims for damages for personal injuries or personal property damage resulting from the cup holder defect.)

Two classes have been defined for this action.

• The National Class is all persons and entities within the US who bought or leased, or will buy or lease, a subject vehicle, on or after the date BMW placed the Class Vehicles into the stream of commerce.
• The California Class is all persons and entities who bought or leased, or will buy or lease, a subject vehicle in California, on or after the date BMW placed the Class Vehicles into the stream of commerce.

The class vehicles are those that contain the defective cup holders, including the 2020 BMW X7M501.

What is the nature of the cup holder defect? The complaint alleges that the cup holders in the “are not designed, nor intended, to actually hold cups filled with liquid.” When cups are placed in the cup holders, it says, the liquid can spill: “When liquid spills into the cup holder, the wires for the SRS (airbag) control module, which sits directly underneath [the] cup holder, get wet and are damaged, causing damage to the air bags. As a result, the air bags can inadvertently deploy.”

This in turn causes problems, the complaint alleges: “The defect exposes the driver and occupants of the Class Vehicles, as well as others who share the road with them, to an increased risk of accident, injury, or death.”

The plaintiff in this case, BrightK Consulting, Inc., has other complaints about its vehicle. It bought its 2020 X7M501on or around December 28, 2019, for a total cost of $113,345.

Since then, the vehicle has been in twice for servicing, in April 2021 and July 2021. The first time was for a loose sun visor locking bar, a loose door seal, and a third-row seat lock message that came on intermittently. The second time was because the driver’s restraint system malfunction message showed on the display. The complaint alleges that the dealership did not change any of the defective parts, so that the vehicle is still defective.

The complaint alleges that BMW has known about the defective cup holder from a number of sources, including its own testing, customer complaints, data from dealers, and other sources. According to the complaint, “Consumers posted numerous complaints on BMW-enthusiast websites and owner message boards about BMW cars equipped with the defective cupholders.” Similar complaints have been filed with the National Highway Traffic Safety Administration, the complaint claims.

Article Type: Lawsuit
Topic: Automobile
Tags: Cup Holder, Defective Automobile