BMW Plug-In Hybrid Batteries May Cause Fires California Class Action

Recently, a number of class actions have been filed against the makers of electric cars, alleging problems with the batteries. This class action brings suit against BMW of North America, LLC, with the complaint alleging that the BMW X3 plug-in hybrid has a dangerous battery defect for which the company has no remedy.

The class for this action is all persons or entities in California who are current or former owners or lessees of BMW vehicles that have the Electrical System: Propulsion System: Traction Battery, including the Class Vehicles listed below, where the vehicles were bought or used primarily for personal, family, or household purposes, or bought or used primarily for business purposes, by a person (including a corporation or partnership or the like) or any other legal entity having no more than five vehicles registered to it in California. The Class Vehicles are the following:

  • 2020-2021 BMW 530e
  • 2020-2021 BMW 530e xDrive
  • 2020-2021 BMW 530e iPerformance
  • 2020-2021 BMW X3 xDrive30e
  • 2020-2021 MINI Cooper Countryman All4 SE
  • 2020 BMW i8
  • 2021 BMW 330e
  • 2021BMW 330e xDrive
  • 2021BMW 745Le xDrive
  • 2021BMW X5 xDrive45e

Plaintiff William Martin Burbank bought a 2021 BMW X3 plug-in hybrid on or around September 14, 2020, at BMW of Buena Park in Orange County, California. It was so new that it only had thirty-five miles on the odometer.

The complaint does not specify when or why Burbank took the car back to the Buena Park dealership for repair under the warranty. However, this complaint was filed a little less than three months after he bought the vehicle, in December 2020.

What was the problem with the car? Apparently, debris created during the car’s manufacture can cause a short circuit which may lead to a fire. Because of this, BMW has issued a recall. The recall notice tells owners and lessees of the vehicles, the complaint says, “not to charge the high voltage battery under any circumstances, to drain any already charged high voltage battery and to not use the Vehicle in ‘sport’ mode or make use of the shift paddles.”

The Buena Park dealership told him that his vehicle could not be repaired. Burbank then asked that BMW buy the vehicle back from him. BMW refused. The dealership then offered to sell Burbank a different vehicle, but that model was also on the list of vehicles with the same battery problem.

According to the complaint, “[t]o date the vehicle remains at BMW of Buena Park unrepaired and unrepairable.”

The complaint alleges that BMW knew of the battery defect before Burbank bought his vehicle. The counts include breaches of warranties and violation of California laws, among other things.

Article Type: Lawsuit
Topic: Automobile

Most Recent Case Event

BMW Plug-In Hybrid Batteries May Cause Fires California Complaint

December 3, 2020

Recently, a number of class actions have been filed against the makers of electric cars, alleging problems with the batteries. This class action brings suit against BMW of North America, LLC, with the complaint alleging that the BMW X3 plug-in hybrid has a dangerous battery defect for which the company has no remedy.

BMW Plug-In Hybrid Batteries May Cause Fires California Complaint

Case Event History

BMW Plug-In Hybrid Batteries May Cause Fires California Complaint

December 3, 2020

Recently, a number of class actions have been filed against the makers of electric cars, alleging problems with the batteries. This class action brings suit against BMW of North America, LLC, with the complaint alleging that the BMW X3 plug-in hybrid has a dangerous battery defect for which the company has no remedy.

BMW Plug-In Hybrid Batteries May Cause Fires California Complaint
Tags: Battery System, Defective Automobile, Fire