Toyota Hybrid Braking System Problem Class Action

This is the third class action filed in the space of three months about the allegedly defective braking systems in Toyota Hybrids. The complaint for this class action claims that Toyota Motor Corporation and its US distributor, Toyota Motor North America, Inc., continue to sell certain of their hybrid vehicles and do not recall them, even though they know that the braking systems are faulty and may not work when needed.

The class for this action is all persons or entities in the US who owned or leased an affected vehicle. The affected vehicles are the following:

• 2010–2015 Prius and Prius PHV
• 2012–2015 Prius V
• 2012–2014 Camry Hybrid
• 2013–2015 Avalon Hybrid

The complaint alleges that “the brake booster pump assembly can—and with reasonable frequency does—fail to operate as necessary to ensure the brakes engage when the brake pedal is depressed.”

In this case, plaintiff Bonnie Hendricks bought a Toyota Prius in March 2011. At the time she bought it, she was not aware that it had any defects, nor was she warned about the braking defect.

She has had problems with the vehicle because of the braking problem, the complaint says: “If she attempted to slow down or stop when the car happened to be travelling over a surface that was not smooth, upon depressing the brake pedal the car would lurch, or surge, forward slightly before stopping.”

She called her local dealership and told them about the problem. The dealership’s service and warranty departments both told her that since no recall had been issue for her vehicle, they would have to charge her to inspect it. They claimed they were not aware of any braking defect.

The complaint alleges, “Even when Toyota has acknowledged its faulty brakes, it has taken extraordinary measure to minimize its lost profits as a result by delaying the issuance of repair guidance until vehicle warranties have run, so as to shift the cost of repair of its defective brakes from itself to unsuspecting customers.”

Although Toyota has issued some limited recalls, the complaint alleges that they do not cover all the vehicles involved. Toyota has published different explanations for the problem. Also, if a vehicle was not included in a recall, the complaint says Toyota has declined to fix the braking defect until the owner or lessee has actually experienced a brake system failure.

The complaint quotes numerous online postings describing other drivers’ experience with the braking defect. The National Highway Traffic Safety Administration has opened an investigation of the Toyota braking systems.

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