Nissan Class Action Alleges Emergency Brake Defect

A recent Nissan class action claims that several vehicle models have automatic emergency brakes that are defective.

Nissan vehicles from model year 2017 to 2019 may be equipped with a special Forward Emergency Braking or Automatic Emergency Braking systems.

These systems reportedly aim to detect possible collisions with vehicles and pedestrians and apply the emergency brake automatically if a collision is imminent.

Beginning with model year 2018, this feature was made standard in Nissan’s Rogue, Rogue Sport, Murano, Altima, Maxima, Armada, Pathfinder, Leaf and Sentra vehicles.

Although these systems aim to promote the safety of drivers, passengers, and pedestrians, the technology is faulty, according to the recent Nissan class action.

Plaintiff Lakeita Kemp claims that emergency braking system is “not road ready” due to a serious defect.

The defect reportedly causes the emergency braking system to engage “suddenly and unexpectedly when no collision is imminent.” This can allegedly increase the chance of a dangerous collision.

“Due to the Emergency Braking Defect, owners and lessees of Class Vehicles have experienced sudden and unexpected braking on railroad tracks, on bridges, in intersections, and other driving situations that have placed them at serious and unreasonable risk of side-on or rear-end collision,” the Nissan class action claims.

In many situations, the defect is allegedly experienced within Nissan’s 36,000 mile warranty period. However, despite the vehicles being under warranty, the plaintiff claims Nissan refuses to repair the issue and tells consumers that their vehicles are “fine.”

Kemp reportedly experienced the defect on her 2019 Nissan Altima. Within weeks of purchasing the vehicle, Kemp’s vehicle allegedly started to display the emergency braking system defect.

According to the Nissan class action, Kemp most commonly experiences the issue in parking garages. As she approaches an up-ramp, her vehicle allegedly brakes “suddenly and forcefully.”

Kemp says she spoke to her Nissan dealer about the defect but hasn’t been provided with any sort of remedy to fix the problem.

According to the Nissan class action, Kemp’s experience is not unique. Countless other consumers have allegedly made complaints to the National Highway Traffic Safety Administration (NHTSA) about the defect.

Kemp also claims that Nissan was aware of the defect but chose not to inform consumers about the problem in order to protect its own profits. This alleged concealment reportedly led to consumers like Kemp purchasing Nissan vehicles or paying more for the vehicles based on false representations.

“As a result of Nissan’s selling and leasing vehicles with the Emergency Braking Defect, Plaintiff and the other Class members were damaged in that they purchased Class Vehicles that they would not have purchased, or at least paid more for their Class Vehicles than they would have paid, had they known about the Emergency Braking Defect,” the Nissan class action lawsuit argues.

In her Nissan class action, Kemp seeks to represent a Class of current and former owners or lessees of Nissan vehicles equipped with an automatic braking system.

Did your Nissan vehicle come equipped with an automatic braking system that is defective and inconsistent? Share your experiences in the comment section below.

Kemp and the proposed Class are represented by J. Gerard Stranch IV and Benjamin A. Gastel of Branstetter Stranch & Jennings PLLC and by Lynn A. Toops and Lisa M. La Fornara of Cohen & Malad LLP.

The Nissan Braking System Class Action Lawsuit is Kemp v. Nissan North America Inc., et al., Case No. 3:19-cv-00854, in the U.S. District Court for the Middle District of Tennessee.

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