Steven Cohen  |  March 2, 2020

Category: Auto News

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A class action lawsuit has been filed against FCA US by consumers who claim the headrests in their vehicles are defected.

Plaintiffs Jason Nuwer, Mark Minkowitz, Amarillis Ginoris, Christina Vigoa, and Kevin Van Allen state that implanted into the headrests is a mechanism called the “active head restraint” (AHR).

The plaintiffs maintain the AHR is made to spring forward during a rear-end collision which pushes the headrest out, preventing whiplash from occurring.

The Chrysler class action states that the AHRs have a common defect in that, under normal conditions, the AHR can deploy without any warning and strike the back of the occupant’s head.

The force of the impact can cause physical harm to the head and neck and could cause a risk of collision with another car while the vehicle is being driven, according to the Chrysler class action lawsuit.

The AHR contains a “cheap” plastic bracket that acts as a trigger mechanism and holds the spring loaded release in place, the drivers state. They claim Chrysler used an inferior and inexpensive form of plastic which can crack and break down prematurely.

The plaintiffs also claim there are hundreds of thousands of Chrysler vehicles equipped with the defective AHR and there is no way of knowing when the AHR in the headrest will spring forward.

According to the Chrysler class action, the following vehicles contain the AHR defect: 2010-2018 Dodge Journey; 2010-2011 Dodge Nitro; 2010-2012 Jeep Liberty; 2010-2017 Jeep Patriot or Compass; 2010-2012 Dodge Caliber; 2010-2018 Dodge Caravan; 2011-2018 Dodge Ram C/V 2011-2018 Dodge Durango; 2011-2018 Jeep Grand Cherokee; 2010-2014 Sebring/Avenger; 2011-2018 Chrysler Town & Country; 2011-2018 Chrysler 200; and 2011-2018 Chrysler 300.

The National Highway and Traffic Safety Administration (NHTSA) opened an investigation in September 2019 called “Active Headrest Inadvertent Deployment,” where the government organization reviews consumer reports of inadvertent deployment of the AHRs, according to the Chrysler class action lawsuit.

The consumers maintain that Chrysler has known about the defects since 2010 but did not provide this information to the public, specifically the plaintiffs and other potential Class Members.

“Defendants were intimately involved in the design and testing of the AHR systems and were aware that they were designed with an inferior, inexpensive, plastic that cannot withstand the constant force applied by the springs,” states the Chrysler class action lawsuit.

The plaintiffs also maintain that, despite having knowledge of the AHR defect, the defendants continued to manufacture the component and approve the AHRs for use in their vehicles. The drivers allege that Chrysler has not issued a recall, fixed the defect, or compensated those affected for the damages that occurred.

The Chrysler class action maintains the car owners did not receive the benefits they bargained for and have been harmed and suffered actual damages, which includes overpayment for their vehicles, loss of use of their vehicle, and lost time in bringing their vehicle to the dealership to get fixed.

“When Plaintiffs and the Class members purchased or leased their Class Vehicles, they reasonably relied on the reasonable expectation that the Class Vehicles would be free from defects and that Defendants would not design and manufacture the AHR with an inherent safety risk to occupants simply to enrich themselves through a cost-saving measure,” claims the Chrysler class action lawsuit.

A similar lawsuit was filed in September 2019 against Mercedes by a vehicle owner who claimed that the headrests in their vehicles suddenly deployed.

Do you own a Chrysler whose headrests deploy without warning? Leave a message in the comments section below.

The plaintiffs are represented by Benjamin Widlanski, Harley S. Tropin, Gail McQuilkin, Rachel Sullivan, and Robert J. Neary of Kozyak Tropin & Throkmorton LLP, Peter Prieto, John Gravante, III, Matthew Weinshall, Alissa Del Riego of Podhurst Orseck PA, George Franjola of Gilligan Gooding Batsel & Anderson, and Michael Burger of Santiago Burger LLP.

The Chrysler Defective Headrest Class Action Lawsuit is Jason Nuwer, et al. v. FCA US LLC f/k/a Chrysler Group LLC, Case No. 0:20-cv-60432, in the U.S. District Court for the Southern District of Florida.

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440 thoughts onChrysler not required to pay damages in defective headrest trial, jury rules

  1. Beth Ratliff says:

    My 2018 Jeep Grand Cherokee driver’s side headrest exploded while I was driving. No injuries. I have been told that I am responsible for paying to have it fixed, which is ridiculous. I would like Chrysler to at least pay for my costs to repair a faulty product.

  2. David says:

    I have a 2016 T&C and both headrests have been deployed. However, I didn’t know they deployed and no injury has taken place. I will say that this vehicle has been the worst vehicle that I have ever owned with the most problems and cost me the most money in repairs. The dealer that I took it to said they were covered under a recall or TSB and I didn’t owe anything for them, but would need to be ordered and couldn’t give an eta on delivery. Four months later, I called and they told me it wasn’t covered and they had the parts and never called me, so I was going to have to pay for them.

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