Chevrolet Camaro Passenger-Side Airbag Not Deploying Class Action

Drivers and passengers don’t pay much attention to the airbags in their cars, probably because they can’t actually see them until an accident happens. The complaint for this class action alleges that certain Chevrolet Camaros have defects in the passenger-side airbag systems that caused the airbag not to deploy in the event of a crash. The only clue to that the problem exists, the complaint charges, is that airbag indictor may show that the airbag is Off even though a passenger is occupying the front right seat.

The Nationwide Class for this action is all individuals who bought or leased a 2010-2011 Chevrolet Camaro in the US, other than in California. There is also a Virginia Subclass for those who bought or leased the vehicle in Virginia.

If an adult is sitting in the passenger seat, the airbag indicator should show that the airbag is On. If the indicator shows that the airbag is Off, the airbag will not deploy in case of an accident. The complaint says this is “a grave safety hazard” that makes the Camaros more dangerous for passengers.

According to the complaint, GM was aware of this problem back in 2009. In that year, the complaint says, it became aware that the circuit in the vehicles’ passenger presence sensor (PPS) was “prone to tearing…” Late that year or early in 2010, it alerted the supplier of the PPS to the problem.

The redesigned PPS pad was provided sometime around September 2010, but by then tens of thousands of Camaros had been built and sold with the defective PPS. The complaint says, “Rather than retrofit these vehicles with the redesigned PPS sensor pad, [GM] simply looked the other way.” In fact, the company has not even notified owners and lessees of the problem.

Some owners or lessees have noticed the problem on their own and have paid hundreds or even thousands of dollars to replace the defective parts. Others most likely do not notice or do not understand the significance of the Off indication.

The complaint claims, upon information and belief, that GM issued technical service bulletins (TSBs) to its dealers, beginning in 2010, that discuss the airbag problem, providing evidence that it was aware of the problem at that time. It has not issued any notices to owners or lessees. The complaint therefore alleges that GM actively concealed the problem.

Under the Transportation Recall Enhancement, Accountability and Documentation Act (TREAD Act) and its regulations, the complaint says, “when a manufacturer learns that a vehicle contains a safety defect it must promptly and accurately notify the vehicle owners as well as the Secretary of Transportation.” GM has not done this with respect to the airbag problem.

While a previous class action on this topic was filed in May 2016, the plaintiffs eventually voluntarily dismissed the case.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Airbags, Defective Automobile