Brigette Honaker  |  July 1, 2019

Category: Auto News

kia airbag in steering wheelA 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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181 thoughts onKia, Hyundai Class Action Alleges Defective Airbags

  1. Orlando Hernandez says:

    2015 kia soul total lost accident front air bags did not deploy
    Add me interested in entering this class law suit multiple injuries
    Add me

  2. Cameron R says:

    In early Oct of 2020 I hit a deer in my 2012 optima. The front of the vehicle had extensive damage, but the airbag did nor deploy I the impact. Thankfully I was uninjured, minus a few sore joints and a bruise on my arm.

    The second time in Jan 3, 2021, I hit another deer in my 2018 forte5 hatchback. This time I was well aware of the airbag not going off because I hit my head on the steering wheel, causing what the telehealth informed me that I had symptoms of a concussion based on my symptoms. I dont want to get into some of the dumb choices I made that night, driving home, passing out alone, calling tele health but not really remembering much of it. By Tuesday I realized I could only remember bits and pieces of Sunday and Monday that week, Jan 3 and 4th). I am concerned that the airbags in your smaller hatchbacks may have a problem. I just want kia to do some checks on the forte’s and Optima’s. They may be defective

    Please get back to me

    1. Marcia says:

      I have a 2103 KIa Sorento, and I am aware this was not one of the cars that as been found to have faulty air bags. On January 26, 2021, my 20 year old daughter fell asleep at the wheel. She went through the median between the north and south bound lanes of the highway, went thru the north bound lanes, down an embankment and hit several trees and was finally stopped by a large tree. The car came to rest on its side in the middle of a clump of trees. The car was a total loss.None of the Air Bags deployed. My daughter was unconscious from hitting her head on the steering wheel. Within hours of leaving the scene, my daughter had a seizure.
      Please add me to the lawsuit.

  3. Marie Brantley says:

    How do I sign up for this lawsuit? My 2016 Hyundai Sonata was just declared totaled after my accident. The airbags didn’t deploy. I wasn’t told anything about defective airbags at the time of purchase….nor anytime following the purchase of this vehicle.

  4. Kelly Creech says:

    I had a 2012 Hyundai Veloster. Had a head on collision and air bags did deploy. Resulted in a broken collarbone from seat belt.

    1. Kelly Creech says:

      Correction Air bags Did not deploy.

  5. Rebecca Wilson says:

    I owned a 2013 kia optima. Was in a major wreck in Dec 2016. Air bags didn’t deploy like they should have. Car was totaled. Would like to be a part of this class action lawsuits. Also would like to be added to the engine class lawsuit as same car had been repeatedly seem for engine failure while driving. . Was told repeatedly they couldn’t mimick the issue and would send me in my way.

  6. Staci D Smith says:

    I own a Hyundai Sonota 2013. Love the car but have the airbag recall on my vehicle along with the engine blowing the hell up.

  7. Payton says:

    2015 Sonata owner, add me .

  8. Alex Denka says:

    I was driving a 2005 Kia Rio at 65 mph on the interstate at the end of January when I crested a hill & collided with a car parked right there in front of me. My door would not open & I could not start the car to move it. A couple minutes later, I was rear ended by the car behind me, & when the next car slammed into her, she hit me again- only much harder. The air bags did not deploy during any of the 3 impacts. The car was a complete loss I went to the hospital in an ambulance wearing a neck collar, & while there were miraculously no broken bones or other visible severe injuries, I’ve had to see 5 Drs., have 3 sets of x rays & an MRI to see what could be causing server pain in my left ankle & knee (Which had slammed into the dash during the second & third impact while I was trying to move the car to avoid being hit). I’ve also had to miss work, spend countless hours (& $ for gas) to get to these Drs. & the physical rehab I can finally start next week.

    I definitely would like to be part of this lawsuit.

  9. Bonnie Vanhouten says:

    I had a 2015 Kia high bred I was in an accented Friday night the 22 of May my air bags did not deploy please add me in the class action law suit thank you bonnie

  10. Arielle Kendrick says:

    We have a 2013 Hyundai Sonata and one of the airbag lights is on and won’t go off.

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