Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A class action lawsuit claims that automatic windows on some Kia and Hyundai vehicles pose a serious risk of injury because they do not comply with federal safety regulations.
Zachary McCready and Brianne Schumpert say they own Hyundai and Kia vehicles, respectively, whose automatic windows do not have a “stop and reverse” function.
The Kia window defect class action lawsuit says that the National Highway Traffic Safety Administration has developed safety standards that regulate vehicle development, dictating many elements of a vehicle’s production. Allegedly, these Federal Motor Vehicle Safety Standards are in place to make sure that the vehicle are safe for humans.
One important Vehicle Safety Standard is the regulation governing power window systems. McCready and Schumpert explain that all vehicle produced since 2008 are required to have a “stop and reverse” function in their automatic windows. This requirement requires automatic windows to “stop closing, and reverse direction, upon encountering a foreign obstruction of 100 newtons of pressure,” or 22.5 pounds of force.
This regulation is allegedly in place to prevent harm that could occur if a finger, hand, or neck accidentally were caught in the window. According to the Kia, Hyundai window class action lawsuit, 100 newtons of force could bruise a finger, but would leave it in tact.
The Kia and Hyundai automatic window class action lawsuit says that the Kia and Hyundai windows exert far more than the federally allowed amount of force as they close.
Allegedly, the force with which the windows close puts vehicle occupants at risk of “losing fingers or hands, and even their lives by getting heads or necks stuck in the closing power windows.”
To illustrate the danger posed by the Kia and Hyundai windows, the drivers note that 200 newtons of pressure is required to slice through a raw carrot. Allegedly, an automatic window system that complies with federal regulation would never be able to slice through a raw carrot, because the legally allowed amount of force is less than half that required to do so.
However, the same reportedly cannot be said for Kia and Hyundai windows — the drivers’ automatic window class action lawsuit says that “Hyundai and Kia automatic windows regularly slice carrots in half,” meaning that they exert more than twice the legally allowed amount of pressure.
The two car owners say the power defect and danger that the defect possess have decreased the value of their vehicles, causing them financial injury.
The plaintiffs claim that they were caused additional financial injury because had they known that their vehicles possessed that defect, they would not have purchased their vehicle or would not have paid as much as they did for it.
Do you own a Kia or Hyundai vehicle made in 2008 or later? Have you noticed a problem with the power window? Let us know.
McCready and Schumpert are represented by Johnathan A. Michaels, Kyle Gurwell, and Ryan Jones of MLG APLC.
The Kia, Hyundai Automatic Window Class Action Lawsuit is Zachary McCready, et al. v. Hyundai Motor America, et al., Case No. 30-2019-01108261, in the Superior Court of the State of California, County of Orange.
UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.
Read More Lawsuit & Settlement News:
Hyundai, Kia Class Action Alleges Sudden Engine Failure
Birth Injury Claim Ends in $11 Million Settlement for Mother
Hyundai Sonata Drivers Want Brake Defect Class Action Certified
Diabetes Drugs Could Lead to Flesh Eating Bacteria Infection
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
181 thoughts onHyundai, Kia Class Action Says Power Windows Are Defective
just been researching all the nightmare stories of these windows on my 2016 Kia Optima with 38,000 miles. 69 yr old female, only driver.
My drivers front window stopped working yesterday. It’s about $500 a window to fix and from what I’ve read it is only the beginning. Eventually all the windows, usually one after the other malfunction in a short period of time and it will end up costing over $2,000 for repairs. WTH?
My 2018 Kia sportage”s driver window quit working.
I purchased a new window motor, replaced it and still didn’t fox the problem.
Is this something Kia will fix??
My Kia optima passenger window regulator broke and window went down middle of winter took it to Kia charges me 125 .00 to tell me it broke. Put some tape on window and said parts were on back order. It’s been year and still no part. And with the thief and the Kia boys that looks like another lawsuit
All 4 of of my window regulators failed. I had to replace all of them and my windows were stuck in the down position. Wheres the class action for this?
I was injured by the window of my Kia carens when it was automatically closing.
We own a 2016 Hyundai Limited Tucson with only 26,000 miles on it today and had to replace almost all the regulator and motor is in every window costing us thousands of dollars the windows don’t have a stop button and cause a risk to my grandchildren we are now working on the issues out of poker good luck to all with these windows stay safe you Peter for it we deserve better thank you Hyundai please hear our plea
2016 Kia Soul main window switch panel on drivers door. Each one began to not raise and lower the windows a year now
I own a kia 2015 soul and mine just started doing that
2017 Kia Sportage windows failed after 2 month of sale. It started with the front passenger window falling down and not rolling up or down then back passenger window is doing the same. Now, my front driver window has also stopped working!! So frustrating and very much regretting this purchase. I should be enjoying my ride instead it’s causing me a headache.
2017 Kia Sportage EX. Having problems with all windows!!!!!
Same!!
My 2018 elantra has windows that will randomly stop functioning when any switch is attempting to open or close them. All 4 windows have shown this problem. Passenger side front window seems very loose and will move down without the switch pressed if any pressure is put onto it.
I have a 2018 elantra with windows that will randomly stop functioning when any switch is attempting to open or close them. All 4 windows have shown this problem. Passenger side front window seems very loose and will move down without the switch pressed if any pressure is put onto it.