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A New Jersey resident filed a class action lawsuit against Daimler AG and Mercedes-Benz USA LLC alleging the automakers manufactured and sold vehicles with defects resulting in gasoline vapors in the interior and gasoline soaked seats and also failed to disclose or remedy the problem.
Lead plaintiff Helena Barinova filed the Mercedes class action lawsuit last week in New Jersey federal court. She alleges that Daimler and Mercedes manufactured and distributed W211-E-Class Mercedes-Benz vehicles from 2003 to 2009 with a defect in the fuel delivery systems causing interior and exterior gasoline leaks.
Barinova says she purchased a new Mercedes-Benz E350 in 2005. The vehicle allegedly began leaking raw fuel and gasoline vapors and the back seat of her vehicle became “saturated” with raw gasoline several times, according to the Mercedes class action lawsuit. Barinova alleges that the dealership that sold her the vehicle as well as Mercedes-Benz both refused to fix the alleged defects and that she had to replace certain components of the fuel delivery system at her own expense. However, Barinova alleges, the fuel tank defects and the leaks have persisted.
According to the Mercedes class action lawsuit, the leaks can result in the interior seats to soak up gasoline. Barinova alleges that the problem exposes car owners to potential health problems as well as fire and explosion risks. “Defendants have ignored these risks and otherwise failed to repair or replace defective fuel tanks under vehicle warranties,” the Mercedes class action lawsuit alleges. “Instead, Defendants have ignored and concealed the defect, instructing Mercedes-Benz technicians to replace fuel sending units under warranty only after repeated owner complaints.”
The Mercedes class action lawsuit also alleges that the National Highway Traffic Safety Administration has fielded over 100 complaints about gasoline fumes in the interiors of Mercedes-Benz E-Class vehicles as well as liquid gasoline leaks outside of the vehicles. In 2012, the National Highway Traffic Safety Administration reportedly began investigating gasoline leak complaints in Mercedes-Benz E55 vehicles from 2003 to 2006.
Barinova points out in her class action lawsuit that Mercedes-Benz issued a recall to fix a problem related to leaking gasoline in certain 2003 to 2006 vehicles. She argues that this recall didn’t actually correct the problem because “[m]any of the vehicles receiving the ‘recall’ are still experiencing unsafe fuel containment issues with the Fuel Delivery System on these vehicles still leaking.”
Proposed Class Members of the Mercedes class action lawsuit include New Jersey residents who purchased certain W211 E-Class generation Mercedes-Benz vehicles that were produced from 2003 to 2009 as well as a subclass of owners and lease holders who shouldered costs to repair components of the vehicles’ fuel delivery systems.
Barinova asserts claims under both the New Jersey Consumer Fraud Act and state common law in her Mercedes class action lawsuit. She also contends that certain dealerships should be included as defendants to the lawsuit. “The Dealership Defendants were well aware of the problems with the Fuel Delivery System in E-Class vehicles as they received complaints from customers, including Plaintiff, and performed repairs; yet, they continued to sell and/or lease E-Class vehicles without warning consumers of the known defect,” she alleges in the Mercedes class action lawsuit.
Similar claims were brought against Mercedes-Benz in Georgia federal court in July of 2012. That Mercedes gas tank defect class action lawsuit is underway, though the defendants filed a motion to dismiss it last week.
Barinova is represented by Barry R. Eichen and Evan J. Rosenberg of Eichen Crutchlow Zaslow & McElroy LLP.
The Daimler Mercedes Gas Tank Leak Class Action Lawsuit is Barinova v. Daimler AG, et al., Case No. L-9841-14 in the Superior Court of New Jersey, Bergen County.
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2 thoughts onMercedes, Daimler Hit with Gas Tank Leak Class Action Lawsuit
I bought an E-55 new in 2003, in 2013 I had to replace the fuel pumps etc for a cost of $1,600 at a M-B Dealer. I never got notice of the later recall. Now I am trying to claw back the money and M-B is denying it because I am out of the previous settlement bar date. Thanks to the dealer and M-B I was never notified of the recall and only found out by by coincidence. Also more damning is the car only had 4,300 miles on it at the time of replacement and now only has 9,200 miles.
Also, I don’t think they bothered to check the gas tank. Furthermore, I asked the M-B service agent to make a claim and he told me to do it myself, after talking to M-B of North America my claim should have been initiated by the dealer and the refund would come thought the dealer. In my mind the service rep was just to lazy and looking for. the next commission. Now I’m out and we currently own 3 M_B’s. Sour taste to say the least
I have a E320 2004 and paid near $5k for repairs for gas leak under back seat where my sons car seat was, they denied it was a leak for months until it was taken in and they opened the back door and they could smell gasoline. I was told my family could have died if it ignited while driving. After calling and even taking my car in and sent home twice after paying service fee…computer fee to find out if there was problem.