Brigette Honaker  |  October 3, 2019

Category: Auto News

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nissan murano vehicleA 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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43 thoughts onNissan Class Action Alleges Emergency Brake Defect

  1. Denise Edwards says:

    I have a 2021 Nissan Sentra that has engaged the emergency brakes twice with no traffic in front of me. Now everytime I get in my car, I have to remember to turn it off for fear it’s going to kill me or someone else.

  2. Alyssa smith says:

    I have a 2019 Nissan altima and the emergency braking system comes on at random times. Last time it came on it was on for 2 days. It is a safety concern for sure

  3. Jeff Orr says:

    I own a 2016 Nissan Rogue. The first time it malfunctioned, it wrecked my transmission(CVT) cost me almost $5 grand to fix.
    Second time I was on a 2 lane highway, going 60 mph and again, my brakes locked up on me, then my engine shut off.

    Indicating anti collision malfunction!

  4. Michelle Exley says:

    My 2018 Nissan Rogue does this all the time

  5. Cheng Saelee says:

    2019 rogue almost killed me. I was on the highway going 65mph in light traffic. There was at least 10 car lenth to the car in front of me but out of nowhere the rear brakes locked up and the rear of the car whips out and I go head on into the center devide and roll over a couple times. I didn’t know it was a common issue until recently. 6 months after the accident and the car sold to the junk yard so no lawyer would take the case because the car couldn’t be inspected. It’s cause head injuries that lead to a stroke and to top it off insurance didn’t even cover the accident. I had to pay the tow yard $1500 to take the crumpled up death trap

  6. Jennifer M says:

    My 2019 Nissan Pathfinder is doing the same thing.

  7. Gezelle Moore says:

    Just had this happen and no one was in front of my vehicle.

  8. Tiara García says:

    My 2019 Sentra has being doing this for the longest and I am so scared of it. I have only had the car less then a year and the constant breaking is frustrating and annoying. Just to have my Local Nissan dealer look at it is 200 and I am scared to see the repair cost. I can’t even drive my car without fear.

  9. Alton Bailey says:

    I have a 2019 Nissan Sentra with this braking system on it. It is failed and it will be up for inspection in February of 2022. I purchased this vehicle this year and within a month of me getting it the braking systems has failed me and is not covered under my warranty or even extended warranty which will cost me $1,800 to replace. Right now during the pandemic I do not have that extra money due to the rise of inflation on everything. Please add me because I feel that Nissan needs to fix the problem with all these vehicles that are on the road.

    1. Alton Bailey says:

      My car does display malfunction with breaking system. 2019 Nissan Sentra

  10. Mitchum James says:

    Please add me to this. I have a 2019 Nissan Altima that may have same issues.

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