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. James King says:

    Our 2016 Kia Optima air bag did not deploy when our daughter was in an Accident.

  2. Johnathan says:

    2014 Kia Sorento crash on the highway. My family and I were injured traveling 65 mph. Our thirteen and nine year old had on seatbelts and they hit their heads so hard on the seat it bruised their mouths, caused headaches and other injuries. Everyone was thrown forward and there was no airbag deployment or the seatbelts didn’t do their job.
    Please contact us!

  3. Kyomi says:

    My family and I were in a crash on the highway. My thirteen and nine year old had on seatbelts and they hit their heads so hard on the seat it bruised their mouths. Everyone was thrown forward and there was no airbag deployment or the seatbelts didn’t do their job. I do not trust safety features any longer. Please contact us if anything arises from this hidden defect.

  4. SAMANTHA E MINYARD says:

    Kia Rio needs to be included in this. I have a 2013 Kia Rio and I rear ended an SUV at a red light. The driver failed to move for several seconds after the light turned green. I know this because i saw the light change when i was about 100 feet from the intersection. I was running late for work and had glanced down at my phone to check the time. I assumed they had went and when I looked up and saw them still there i tried to stop but it was too late. My mistake I know, but still the air bags did not deploy. The front end folded up like an aluminum can of sardines, causing major damage to the entire front end, grill, radiator, cooling system, headlights and hood and no air bags. This is a huge problem. These Kias are marketed as a more pocket friendly option, but when theyre so cheaply made that they crumple like a paper bag even in a minor accident AND the critical, life saving safety devices theyre equipped with are defective to the point of literally not working whatsoever, how much are we really saving after all?

    1. Penny Ricker says:

      I had a 2021 Kia Rio and hit a deer at 45mph. Took out radiator grill cooling unit bumper. No air bags!!!!! One week after it was fixed I hit another deer going 55mph. Took out front end and I ended in the ditch sideways. Hit hard. Again still No airbags!!! After interest I would pay almost 30,000.00. For what to be almost killed and no airbags! Would have not bought any of these cars if I would have NEVER BOUGHT THIS CAR IF I WOULD HAVE KNOWN HOW UNSAFE T HE EY ARE. My friend makes these airbags and told me RT away that with the score line. It’s ridiculous I was not told about the ongoing problem

  5. Irene Smith says:

    My 2004 kia rio was totalled in a head on collision air bags never deployed and seat belt did not lock.

  6. Holly Dunk says:

    2012 KIA SORENTO accident aug 8th 2022.. hit the guard rail twice at 90km/per hr head on and on the side. Totaled the car and no air bags were deployed.

  7. Holly Dunk says:

    We just totaled our 2012 sorento on aug 8th 2022 and our air bags did not deploy either. were you added to the class action ?

  8. Angie L Blevins says:

    I had wreck almost 3 yrs ago. In a 2017 Kia sportage impact at over 45mph no airbags went off and seatbelts never locked up either add me.

  9. Barbara Molina says:

    I am interested in joining this law suit. I had a 2013 Hyundai Sonata that was in an accident on June 11, 2022 The first hit was to the passenger side by the wheel. I was then pushed into a UPS truck which caused even more damage to the front of the car. The airbags never deployed. I suffer from dizziness, headaches, neck and shoulder pain, chest pain, abdominal and right knee pain. My car was totaled.

  10. Nickolena Fortuna says:

    They need to add 2012 Kia Sorentos to the list. My brother recently totaled mine and the drives side airbag didn’t deploy.

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