Kia, Hyundai Class Action Alleges Defective Airbags

A recent Kia, Hyundai class action lawsuit claims that the automakers equipped their vehicles with defective airbags that fail to deploy.

Various Kia and Hyundai vehicles allegedly contain defective airbags manufactured by ZF TRW.

The control units for these airbags reportedly fail to deploy airbags in the event of a crash. The Kia class action claims that this can be deadly if a life-saving airbag does not deploy during a collision.

According to the Hyundai class action, the National Highway Traffic Safety Administration (NHTSA) states that around 12.3 million vehicles may be equipped with a defective airbag control unit.

Kia, Hyundai vehicles allegedly equipped with the defective airbags include the 2013 Kia Forte, 2013 Kia Forte Koup, 2013-2019 Kia Optima, 2012-2016 Kia Optima Hybrid, 2014 Kia Sedona, 2013-2019 Hyundai Sonata, and 2013-2019 Hyundai Sonata Hybrid vehicles.

Kia, Hyundai, and ZF TRW reportedly investigated the defective airbag control units between 2011 and 2015, but failed to inform the NHTSA of the issue until late 2015. Consumers were allegedlynot informed of the issue until 2018 when Kia and Hyundai recalled some of their vehicles.

While the automakers have been hesitant in announcing the defect, there have reportedly been several injuries and deaths. The class action points to an Associated Press article that states that there have been at least four deaths resulting from the airbag defect.

Plaintiff Jennifer Johnson says she purchased a 2014 Hyundai Sonata for $18,000 in 2015. Johnson claims that she received no information about the “defective and potentially dangerous airbag control unit” and has not had the defective component replaced.

Johnson argues that she and other consumers would not have purchased their vehicles if they had known about the defective airbag control unit. As a result, Johnson says Kia and Hyundai car owners have sustained financial injury.

“Each purchaser or lessee of an affected vehicle paid more than they would have if the truth about the ACU defect had been disclosed to them,” the Kia, Hyundai class action lawsuit argues. “Meanwhile, each Defendant profited from the continued installation of defective parts in new vehicles and the delay in recalling their dangerously defective products.”

Johnson also argues that the failure to warn consumers was an intentional move designed to help Kia and Hyundai sell more vehicles. This alleged deception caused consumers to pay for defective vehicles and endanger themselves, according to the Kia, Hyundai class action lawsuit.

“ZF-TRW apparently conspired with HMA and KMA to conceal a dangerous and potentially deadly defect that already existed in millions of vehicles in order to continue selling defective parts for installation in new vehicles,” the Hyundai class action lawsuit claims.

In her Kia class action, Johnson seeks to represent a Class of consumers who purchased or leased an affected vehicle. She also seeks to represent a Class of the same consumers from Tennessee.

The Kia, Hyundai class action lawsuit seeks compensatory damages, exemplary damages, punitive damages, statutory penalties, injunctive relief, equitable relief, restitution, disgorgement, court costs, and attorneys’ fees.

Johnson and the proposed Class are represented by Matthew J. Preusch, Lynn Lincoln Sarko, Gretchen Freeman Cappio, and Ryan McDevitt of Keller Rohrback LLP.

The Kia Hyundai Defective Airbags Class Action Lawsuit is Johnson v. Hyundai Motor America Inc., et al., Case No. 8:19-cv-01292, in the U.S. District Court for the Central District of California.

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