Honda Asks Court to Dismiss Crash Sensor System Class Action Lawsuit

Honda recently encouraged a California federal judge to dismiss driver claims that Honda Sensing technology is faulty.

Honda takes issue with several of the plaintiffs’ claims and says the Honda Sensing class action lawsuit should be dismissed by the federal court.

According to the auto manufacturer, the plaintiffs failed to properly allege their claims under federal and state laws.

To begin with, Honda says the plaintiffs failed to properly explain how the Honda Sensing system works and how it is allegedly defective. The Honda Sensing system comprises several driver-assist technologies that help detect car crashes.

“Plaintiffs allege the Honda Sensing system is defective because it is not perfect, or at least plaintiffs disagree with the system’s conclusions about when and whether activation of a particular response is warranted under unspecified circumstances,” Honda contends.

Even worse, the plaintiff’s claims allegedly fail to show how the plaintiffs were affected by the purported defect in the Honda Sensing system. The company says no plaintiff alleged that they actually experienced physical harm or property damage as a result of issues with the crash sensor system.

According the car company, the plaintiffs in the Honda Sensing class action lawsuit have also failed to sufficiently argue how Honda should respond to their claims. Specifically, the company takes issue with the plaintiffs’ failure to explain how the alleged defects should have been resolved under the law or what Honda could have done differently.

“In the context of alleged automobile safety defects, it is not enough for a plaintiff to simply allege that a problem may exist and that a defendant should have disclosed something about it somehow, or just made the automobile better,” Honda said in its motion to dismiss.

Further arguments against product liability and breach of warranty are also included in Honda’s recent dismissal motion.

Plantiffs in the Honda Sensing class action lawsuit initially filed their claims in May 2018. However, five similar cases were combined in June after a federal judge ruled Honda could start arbitrating the issue out of court with two consumers.

The remaining plaintiffs bring 20 claims against Honda Motor Co., all centered on the company’s Honda Sensing technology, which comes standard on several Honda vehicles, such as the EX, EX-L and Touring CR-V models. According to the plaintiffs, the crash sensor system relies on radar technology to detect other objects on the road — helping alert consumers about imminent crashes and other hazards.

Unfortunately, Honda Sensing is allegedly defective and can cause more harm than good.

The plaintiffs contend the crash sensor system can display false collision warnings and even reduce cruise control settings for seemingly no reason. As a result, consumers are allegedly put at risk for collisions on the road because of their vehicle’s unexpected behavior.

“But it is not only lack of repair that keeps owners of such class vehicles frustrated, but that when Honda Sensing system malfunctions, it does so abruptly, without warning, while the class vehicles are in motion on a public roadway,” the Honda Sensing class action lawsuit alleges.

“The very system that was designed to keep drivers safe is in fact making them less safe by detracting their attention.”

To make matters worse, Honda is allegedly aware of the issue and has been since at least 2017. In 2017, the company reportedly sent a notice to dealers that informed them of a software issue leading to the crash sensor system problems. Despite this acknowledgement, Honda has allegedly failed to warn purchasers or fix the issue.

The plaintiffs say they overpaid for their vehicles because they were duped into purchasing vehicles that have a known defect. As such, they seek punitive damages on behalf of themselves and proposed Class of vehicle drivers. The proposed Class includes owners and lessees of 2017 Honda CR-V models that are equipped with Honda Sensing.

In order for their claims to move forward, plaintiffs must survive the recent motion to dismiss from Honda. The federal court will hear arguments from both sides and make a decision about which claims, if any, can move forward.

Do you own a Honda vehicle with crash sensing technology? Have you experienced issues with this technology? Share your experiences in the comment section below.

Plaintiffs and the proposed Class are represented by Trinette G. Kent, Joshua A. Markovits and Sergei Lemberg of Lemberg Law LLC.

The Honda Sensing Class Action Lawsuit is Cadena, et al. v. American Honda Motor Co., et al., Case No. 2:18-cv-04007, in the U.S. District Court for the Central District of California.

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