Nissan Hit with Defective Floorboards Class Action Lawsuit

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On April 14, Nissan North America Inc. was hit with a defective floorboards class action lawsuit, alleging the automobile manufacturer failed to warn consumers that certain Nissan Altima cars were equipped with rust-prone floorboards that would allegedly deteriorate to the point that the roadway underneath the car would become visible by driver and passengers.

This Nissan class action lawsuit claims 2002-2006 Nissan Altima cars contain floorboards that cannot withstand the normal wear and tear of driving and exposure  to the elements, “do not drain properly, and rust to the degree that the floorboards substantially deteriorate,” allowing holes to open up within the floorboards.

The defective floorboards class action lawsuit alleges, “Because the replacement of the floorboard can cost several thousand dollars, and because Nissan refuses to recognize the existence of the defect or to cover the full cost of repairs, many owners of class vehicles are not in a position to replace the defective floorboard when they discover the problem.”

Plaintiff Marie DeMaria filed this Nissan defective floorboards class action lawsuit in Illinois federal court on behalf of herself and a proposed Class of all Illinois consumers who purchased or leased a 2002-2006 Altima vehicles. According to DeMaria, at least vehicular incident involving passenger injuries has been linked to the Nissan floorboard defect, and further alleges hundreds of Altima drivers have filed reports to Nissan and the National Highway Traffic Safety Administration, stating that they did not feel safe driving their cars.

Altima cars account for a significant portion of Nissan’s sales, according to the Nissan class action lawsuit, and the company regularly represents the car as their “top safety pick” of their line of vehicles. As with most cars, the Nissan Altima features factory-equipped floorboards made of metal and covered by on the inside of the car cabin by carpet.

“Floorboards are intended to last the life of the vehicle and are thus not a ‘wear part’ that drivers or mechanics expect will require repair or replacement during the vehicle’s anticipated useful life,” the Nissan defective floorboard class action lawsuit says. “The floorboards in Class Vehicles, however, are prone to rusting and corroding in the course of normal operation of the vehicles, which can lead to large holes developing in the floorboards.”

The Nissan class action lawsuit alleges the car company is aware of the defect, but still refuses to cover the cost of repairs for the defective floorboards. Altima drivers are then forced to pay for replacement floorboards on their own. Additionally, Nissan does not guarantee that the replacement floorboards will not also suffer from the same deterioration defect.

DeMaria is represented by Edward A. Wallace, Amy E. Keller and Adam Prom of Wexler Wallace LLP, John A. Yanchunis of Morgan & Morgan Complex Litigation Group, Gregory F. Coleman, Mark E. Silvey and Lisa A. White of Greg Coleman Law PC, and Eric H. Gibbs and Dylan Hughes of Gibbs Law Group LLP.

The Nissan Defective Floorboards Class Action Lawsuit is DeMaria v. Nissan North America Inc., et al., Case No.  1:15-cv-03321, in the U.S. District Court for the Northern District of Illinois.