New Jersey Consumer Fraud Lawyer Discuss BMW Class Action Case
A class action lawsuit has been filed against BMW of North America, alleging that their hands-free remote locking feature is defective. The participants claim that the doors lock spontaneously and that BMW failed to properly notify consumers of this auto defect. The suit applies to all 2008 through 2015 X5 models that have the remote locking feature, which allows the doors to lock and unlock without any action from the driver.
The named plaintiff in the case owns a 2013 BMW X5, which is equipped with the remote lock feature. Per the manual, the hands-free lock allows drivers to open the door without actually having to press a button on the remote. As long as the remote is in range of the vehicle, the car can be unlocked automatically and the doors cannot be locked if the remote is inside the car. In the plaintiff’s case, the remote was inside the car when the door’s automatic locks engaged, trapping her young child in the car.
Other Drivers Have Experienced Difficulty with Automatic Locks
This is not the only recent complaint involving a trapped child. In 2011, a couple filed a complaint with the National Highway Traffic and Safety Administration (NHTSA) stating that their toddler was trapped inside their 2009 BMX X5. The car doors locked automatically despite the key being in the car and BMW Assist was unable to get the doors open. Police and fire services were called to break open the window and rescue the child from the hot car. The doors remained locked for an additional two hours.
The plaintiff claims there are numerous similar complaints, and that BMW has been made aware of the issue but has failed to take action. BMW responded to the plaintiff’s initial complaint saying that it was possible for the locks to engage while the remote was in the car, and it may do so if the remote’s lock button was inadvertently pressed. This is contrary to the manual’s claim that doors cannot be locked with the remote inside. The plaintiff is seeking cost reimbursement and damages of an undisclosed amount, stating that BMW knew of the lock’s defect and misled consumers.
New Jersey Consumer Fraud Lawyers at Eichen Crutchlow Zaslow, LLP Represent Victims in Defective Product Cases
New Jersey consumer fraud lawyers at Eichen Crutchlow Zaslow, LLP have the knowledge and experience to get you the compensation you deserve if you have suffered because of a defective product. We will thoroughly review the facts of your case and prepare a sound legal strategy to establish the vendor’s negligence. With offices conveniently located in Edison, Red Bank, and Toms River, we serve clients throughout New Jersey. Call us at 732-777-0100 or contact us online for a free consultation with a qualified consumer fraud lawyer.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
Find out more about Eichen Crutchlow Zaslow, LLP