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Subaru Eyesight Class Action Lawsuit Overview:
- Who: Subaru drivers filed a class action lawsuit against Subaru of America, Inc. and Subaru Corporation.
- Why: Plaintiffs complain that Subaru EyeSight safety technology causes problematic safety issues with braking and lane changing.
- Where: The class action lawsuit was filed in New Jersey federal court.
Subaru drivers in seven different states are suing Subaru of America, Inc. for its faulty, although widely advertised, EyeSight safety features that end up becoming serious hazards while driving. Further, plaintiffs argue that Subaru has knowledge of these dangerous defects, but has failed to rectify the situation.
More than a dozen plaintiffs filed the class action lawsuit on behalf of consumers who bought or leased any 2013-2021 Subaru “Eyesight” technology, including vehicles equipped with an autonomous emergency braking system with pre-collision braking and reverse automatic braking and any 2013-2021 Subaru with Lane Keep Assist.
Subaru Eyesight Safety Features Become Hazards
Plaintiffs claim that Subaru Eyesight technology and autonomous emergency braking and Lane Keep Assist features are seriously defective and that not only do they malfunction, but their failure to work properly puts drivers at risk.
The emergency brake system may activate without facing an obstacle, turn itself off in the rain, and fail to register actual obstacles, say court documents. Plaintiffs claim this renders the safety features unpredictable and makes driving the vehicle unsafe.
Additionally, the Lane Keep Assist may jerk the steering wheel and swerve the car without warning or cause. The system may also shut down while the car is in motion and will only reactivate when the car is restarted.
Subaru Knew About Faulty Brakes Since 2012
According to court documents, Subaru has known about the EyeSight safety defects as early as 2012, as evidenced by “alarming failure rates, customer complaints, and other internal sources.”
Subaru acknowledges these problematic defects in its vehicle manuals, which are only provided to customers after they buy or lease the vehicle. Otherwise, Subaru conceals this information from the general public and prospective buyers, which the class action lawsuit claims is done to “increase profits by selling additional Class Vehicles at inflated prices.”
The plaintiffs claim that they relied on Subaru’s representations of its vehicles and Eyesight safety features to be accurate, only finding out later that the automaker had been withholding information. Plaintiffs maintain that they and other Class Members would not have purchased or leased the class vehicles, or would have paid less for them, had they known about the defective Eyesight technology.
Plaintiffs request an order preventing Subaru from further deceptive practices, compensation to plaintiffs and Class Members, the return of Subaru’s “ill-gotten” profits, that Subaru notifies all Class Members of the defective Eyesight and other safety technology, and more.
Have you purchased a Subaru equipped with EyeSight safety technology? What has your experience been like? Tell us about it in the comments section below!
The plaintiffs are represented by Russell D. Paul, Amey J. Park, Abigail J. Gertner, and Natalie Lesser of Berger Montague PC; Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC; Mark R. Rosen for Barrack, Rodos & Bacine; and John G. Emerson of Emerson Firm, PLLC.
The Subaru Eyesight Class Action Lawsuit is Laura and James Sampson, et al. v. Subaru of America, Inc., Case No. 1:21-cv-10284-RMB-KMW, in the U.S. District Court for the New Jersey District.
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5 thoughts onSubaru Eyesight Safety Features Actually Endanger Drivers, Says Class Action Lawsuit
We are the owners of a Subaru Legacy. We live in Alberta Canada, where there are 2 local Subaru dealerships that sell the various makes and models of Subaru vehicles to area residents.
The temperatures in our region varies throughout the year, and cold temperatures are a regular occurrence during the winter months. This past winter the Eyesight Stereo Camera system on our vehicle quit functioning, which now makes all of the “safety Features” that Subaru boasts about inoperable, as well as the vehicle cruise control being inoperable.
We took the vehicle into the local Subaru dealership, as we were told over the phone by the service department that it should only be a simple calibration of the Eyesight Stereo system to remedy the situation. The dealership came back with an Error Code B28B3 – Camera Low Temperature, with the explanation that the camera has froze due to cold temperatures and the only fix is to replace the cameras at a cost of $4231.01. This is clearly representative of a material defect and design flaw with this Subaru Eyesight Stereo system.
It is ludicrous for Subaru to sell a vehicle with the Eyesight Stereo system when it is not designed to operate in cold temperatures . Moreover, why would anyone replace this Eyesight Stereo system (at $4231.01 a pop), when it is likely to again fail the next time we experience cold weather? So, what we are left with is a vehicle designed and sold by Subaru that incorporates safety systems that are not capable of operating in the region in which they are promoted and sold. This screams of misrepresentation by Subaru of the Safety attributes that are promoted to consumers as a key selling features.
I am assuming that this will result in a RECALL by the company with a sustainable upgrade or replacement being made available to current Subaru owners. Based on online Subaru forums and the Subaru dealership, this is not an isolated incident and is resulting in a number of dissatisfied customers, a group of which we are now unfortunately part of.
I have my second of two Subaru Forester Touring models (2019, 2020) with this exact Eyesight issue, where the car will suddenly apply the brakes for absolutely no reason. No cars around, clear weather. This is very dangerous but because Subaru can’t reproduce it they don’t seem willing to even acknowledge this happens. It happens recurrently but randomly. They obviously know about it.
My 2021 Subaru Ascent constantly over-corrects when it tries to keep me in a lane on the highway. It always over-corrects to the left periodically shoving me to the left into the adjoining lane, and potentially side swiping vehicles in the adjoining lane. It never over-corrects to the right. I reported this to the dealer and I was told that this is normal. I think there is something wrong with either the software or the left eye of the Eyesight technology.
The Subaru Manual says that the human driver is ultimately responsible for keeping the car centered in the lane. When I try to take responsibility I feel like the lane keep assist feature is acting like HAL in ‘2001: A Space Odyssey’ (“Sorry Dave, I can’t let you do that”). It’s exhausting to have to be on higher alert against your own car’s actions than you have to be against other driver’s actions.
It seems like the right eye in Eyesight sees better, is more forceful at correcting, and is more accurate at the detecting the road markings than the left eye even when the left and right road markings are equally good. I have nearly side-swiped tractor trailer trucks on my left side several times because my Ascent pushed me too forcefully to the left and the resistance on the left was minimal.
Yes, it can be dangerous when changing lanes and when someone is turning. I have it apply the brakes when I didn’t need it to.
My Eye Sight System often goes out and says not available while driving with no weather hindering anything. The car has also slammed on its brakes multiple times in drive thrus and other times enabling collision detection when pulling away from a drive thrus window or curb if anything is in front of you at all