On January 19, 2020, plaintiff Suzanne Bare was stopped in her 2016 Subaru Legacy with her foot on the brake. When she tried to put the vehicle into park, the vehicle shot forward instead, slamming into a fence, do damage to both the fence and her vehicle. The complaint for this class action alleges that certain Subaru vehicles have a defect that causes sudden unintended acceleration (SUA) incidents.
The class for this action is all persons or entities who bought or leased a 2012-2018 Subaru Forester, 2015-2019 Subaru Legacy, or 2015-2019 Subaru Outback vehicle in the state of California.
The complaint quotes the website of the Sudden Acceleration Information Group: “Sudden acceleration is one of the [deadliest] … automotive defects in history. It occurs when a car’s electronics cause the throttle to go wide open, making it impossible for the driver to return the car to idle if it remains in gear. It also severely limits the ability of the brakes to bring the vehicle under control—leaving the unsuspecting driver at the mercy of a runaway car. Thousands of people, including drivers, passengers, and innocent bystanders, have been killed or seriously injured in sudden acceleration accidents.”
According to the complaint the SUA problem has two causes. First, it says, the Controller Area Network (CAN bus), which is in all the vehicles in question, has a software or software or software communication protocol flaw. Second, it says, the Subaru Brake Override System (BOS) does not work as it is meant to.
The complaint says, “The BOS was added to Class Vehicles to address and prevent USA events from occurring. By monitoring both the engine’s electronic accelerator and operation of the vehicle’s brakes, the BOS compares data from both systems to determine whether they are being deployed simultaneously. When working, the BOS is supposed to close the throttle plate to reduce engine speed and simultaneously raise the pressure of the brake fluid high enough to stop the vehicle.”
The complaint says, “Hundreds of consumers have lodged complaints with the National Highway Traffic Safety Administration [NHTSA] and on consumer websites complaining of SUA events affecting their vehicles. Moreover, many of these drivers who attempted to mitigate the effects of sudden acceleration by depressing the brakes reported that doing so had no effect.”
According to the complaint, Subaru has not instituted a recall nor issued a Technical Service Bulletin that repairs the underlying defect. Instead, “it has ignored this growing and dangerous problem, routinely dismissing complaints and ascribing the SUA to driver error.”
The complaint alleges breaches of warranties, unjust enrichment, and violation of California’s Consumer Legal Remedies Act and its Unfair Competition Law.
Article Type: LawsuitTopic: Automobile
Most Recent Case Event
Subaru Vehicles Sudden Unintended Acceleration California Complaint
September 4, 2020
On January 19, 2020, plaintiff Suzanne Bare was stopped in her 2016 Subaru Legacy with her foot on the brake. When she tried to put the vehicle into park, the vehicle shot forward instead, slamming into a fence, do damage to both the fence and her vehicle. The complaint for this class action alleges that certain Subaru vehicles have a defect that causes sudden unintended acceleration (SUA) incidents.
Subaru Vehicles Sudden Unintended Acceleration California ComplaintCase Event History
Subaru Vehicles Sudden Unintended Acceleration California Complaint
September 4, 2020
On January 19, 2020, plaintiff Suzanne Bare was stopped in her 2016 Subaru Legacy with her foot on the brake. When she tried to put the vehicle into park, the vehicle shot forward instead, slamming into a fence, do damage to both the fence and her vehicle. The complaint for this class action alleges that certain Subaru vehicles have a defect that causes sudden unintended acceleration (SUA) incidents.
Subaru Vehicles Sudden Unintended Acceleration California Complaint