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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.
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181 thoughts onHyundai, Kia Class Action Says Power Windows Are Defective
2017 Elantra, only drivers side window now works. In Canada, so I guess I can’t put my name forward for this?!
Is there a Class Action for this? Literally all 4 of my windows have gone out The 4th one was of course shortly after my warranty was done.
2015 Kia Optima windows have not worked for over a year. It started with the drivers window. It would roll up intermittently, sometimes taking an hour to roll it all the way up. Then the back windows would only roll up at each door switch. Replaced the controller on the drivers door and it fixed the back windows but not the driver side. Now the back passenger wont roll up at all and the front passenger will only roll up at the doors switch. Dealer said they will diagnose it for $220! If they fix it, that amount will be waived but I don’t have $220 for them to tell me what the problem is, and if I can’t afford to have it fixed, I am still out $220 dollars.
All four of my windows failed within a month on my 2016 Kia Optima due to the window regulator gear turning to dust. Due to fact that it’s made from cheap plastic that disenagrates. They all failed the same way . The windows in the back probably hadn’t been opened ten times and driver window opened most often failed last. These parts are made of plastic used on a cheap wind up toy. These regulators assemblies cost about 300.00 each and can be swapped out in 30 minutes each . I can’t reason why they are so expensive to replace. I guess it’s a cash cow for the greedy Kia dealers. Every 2016 Kia will fail. Just like the engine will fail.
I will never buy or accept a Kia as a gift again. “
Same problem. My back passenger went out first then a few months later the back driver side stop working then in January the driver side went out now just last night the passenger side stopped. Plus my engine is part of a oil consumption recall. I tell you these cars are trash.
I’ve had the same issue with both rear windows making a pop sound and sliding down. I was able to slide one back up myself and tape it, but the other won’t slide at all. When I open and close the door I can hear something swinging around inside of it, so I’m guessing the pop sound was something snapping.
Yes 2008 and 2012 Elantra. Drivers and passenger power windows do not work on 2008 and passenger on 2012
3 of 4power windows failed – Dealership said hold on to receipts for paying to repair. Thus far no finalized class action – or I don’t know where to file. Still working on my claim for reimbursement of tow, gas and rental for the Class Action ENGINE Kia issue won. BE AWARE they FIX that so if you don’t file with receipts in 90 days of the failure, they don’t have to honor your claim. Let me know if any link to the WINDOWS issue – 2015 Kia Sportage
Passanger side Window rolled down and heard a pop noise in panal and wouldnt roll back up. And it was 8 degress out as I was driving home on Hwy when this happened. Add me to lawsuit please. Cost me so far 225.00 and havent even got part yet. Dealership says its on back order. WTH !! It winter time for me .
I have a 2016 Kia optima that I’ve had three of the four window issues replaced. Now that it’s been out of warranty for few months they refused to Repair the fourth window even though I’ve told them when it was under warranty and it was explained that the fourth window would eventually go they would not repair until it was broken.
2017 Kia Sportage front passenger window regulator had to be replaced and now back driver side isn’t working!!! This is not a cheap repair! NOT happy, and probably won’t buy another Kia.