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Mercedes Neck-Pro Active Head Restraints Deployment Class Action

This class action concerns defective Active Head Restraints (AHRs) in vehicles from Mercedes-Benz USA, LLC and Daimler AG. The car’s headrests are “active” in the sense that, if the vehicle is rear-ended, the headrests spring forward to catch the occupants’ heads, so as to prevent whiplash. The headrests at issue are made by Grammer AG, a German company, and are called Neck-Pro.

The Nationwide Consumer Class for this action is all persons in the US, except for those in Florida, who currently or formerly leased or owned a class vehicle, from Mercedes or any of its subsidiaries or affiliates, which is equipped headrests that have the defective AHR. New York, California, and North Carolina Consumer Subclasses have also been proposed for people in those states.

The complaint alleges that the Neck-Pro AHRs have been made with a common defect: “Under normal conditions, the Neck-Pro restraint can deploy without warning or any external force from a collision, and forcefully strike the back of the occupant’s head. The force of the impact not only causes serious bodily harm to the head and neck, but also creates a risk of collision when the headrest deploys—suddenly and without warning—while the vehicle is being driven.”

How does this happen? The complaint says it’s caused by “a cheap plastic component…” “A plastic bracket acts as the triggering mechanism for the AHR and holds the spring-loaded relese in place until a sensor alerts signaling a rear-end collision. As a cost-saving measure, Daimler designed this bracket with an inferior and inexpensive form of plastic which cracks and breaks down prematurely under the constant pressure exerted by the tensed springs in the AHR.”

The complaint alleges that the defect is what the National Highway Traffic Safety Administration (NHTSA) calls a “safety-related defect” that can create risks of injury.

According to the complaint, Mercedes has known about this defect since at least 2006, through its own testing and reports, consumer complaints, and data and parts orders from dealerships. Furthermore, the complaint says, the company has been aware of the problem because of class action suits have been filed previous to this, beginning in 2018, citing headsets in Fiat Chrysler vehicles that were also manufactured by Grammer.

However, they have not issued a recall, fixed the defect, or compensated those who lease or own the vehicles. In fact, the complaint alleges that “when presented with deployed, defective headrests, Mercedes refuses to cover any out-of-warranty costs of replacing the defective AHR, instead blaming the consumer and disclaiming any responsibility.

The complaint claims that NHTSA informed Mercedes of “deficiencies” in its recalls in 2017. It quotes the NHTSA as saying that Mercedes was “preventing NHTSA from fully assessing the safety risk involved and frustrating the agency’s oversight responsibilities.” Mercedes then entered into a settlement and agreed to pay civil fines.

Article Type: Lawsuit
Topic: Automobile

Most Recent Case Event

Mercedes Active Head Restraints Unprovoked Deployment Complaint

April 2, 2021

This class action concerns defective Active Head Restraints (AHRs) in vehicles from Mercedes-Benz USA, LLC and Daimler AG. The car’s headrests are “active” in the sense that, if the vehicle is rear-ended, the headrests spring forward to catch the occupants’ heads, so as to prevent whiplash. The headrests at issue are made by Grammer AG, a German company, and are called Neck-Pro.

Mercedes Active Head Restraints Unprovoked Deployment Complaint

Case Event History

Mercedes Active Head Restraints Unprovoked Deployment Complaint

April 2, 2021

This class action concerns defective Active Head Restraints (AHRs) in vehicles from Mercedes-Benz USA, LLC and Daimler AG. The car’s headrests are “active” in the sense that, if the vehicle is rear-ended, the headrests spring forward to catch the occupants’ heads, so as to prevent whiplash. The headrests at issue are made by Grammer AG, a German company, and are called Neck-Pro.

Mercedes Active Head Restraints Unprovoked Deployment Complaint
Tags: Defective Automobile, Headrests