Update:
- U.S. District Judge William L. Campbell denied Nissan’s motion to dismiss some of the claims in a faulty brake class action.
- While the court adopted previous findings and rulings in two other consolidated cases against Nissan, it made an exception for implied warranty claims.
- Nissan argues the plaintiffs purchased their vehicles from dealers and not from the manufacturer and therefore are not covered by the warranty contracts.
- However, the plaintiffs pleaded third-party beneficiary status, stating they are the intended third-party beneficiaries of the warranties, not the dealers, and therefore implied warranty applies.
- Despite the California district courts being split on the application of third-party beneficiary exception, the judge ruled in favor of the plaintiff.
Nissan defective emergency brakes class action lawsuit overview
- Why: The plaintiffs allege that Nissan purposefully concealed a hazardous defect in its emergency braking system, which breaches their warranty and places lives in danger.
- Who: Three Nissan customers are suing the car company.
- Where: The class action lawsuit was filed in Tennessee federal court.
(Feb. 17, 2022)
Three Nissan Rogue owners are suing the car company for failing to disclose or remedy alleged defects in its forward emergency braking (FEB) system which pose an “unreasonable safety hazard to drivers, passengers, other motorists, and pedestrians.”
The FEB is designed to detect “a rapid decrease in distance between the vehicle and an object” and apply braking to help “avoid or mitigate a frontal collision,” according to court documents.
Nissan touts the FEB as a safety feature, but the complaint claims the FEB may turn off suddenly and distract drivers, or may unexpectedly slow down or stop the vehicle when there’s no obstacle nearby, also posing a roadway hazard.
The lead plaintiffs from Ohio, California and North Carolina claim they were never informed of the defect, and are now saddled with defective FEB systems in their 2018 Nissan Rogues.
The plaintiffs seek to represent statewide classes in their respective states that includes anyone who currently or formerly owned or leased any of the class vehicles. Class vehicles are any Nissan light vehicles equipped with a Continental ARS410 radar sensor: 2019-2021 Maxima, 2020-2021 Sentra, 2019-2021 Altima, 2020-2021 Versa, 2017-2021 Rogue Sport, 2020-2021 Kicks, 2017-2020 Rogue, 2021 Armada, 2018-2021 Leaf, 2019-2021 Murano and 2020-2021 Titan.
Nissan aware of FEB defect for ‘years’, class action claims
Nissan knew about FEB false activations “years before it put the first Class Vehicles on the market” through pre-production testing, design failure mode, analysis data, repair order and parts data and several other sources, the complaint says.
Nissan addresses the possibility of unexpected partial braking “in some road or traffic conditions” in class vehicles’ owner’s manuals, according to court documents. But the plaintiffs argue that this disclosure comes only after someone buys the car and “they happened to fortuitously stumble upon it” in the manual’s hundreds of pages.
Further, the National Highway Traffic Safety Administration’s database tracked 87 complaints about the 2017-2018 Rogue alone, regarding the FEB engaging without any obstruction, according to court documents.
The plaintiffs seek damages, injunctive relief, prejudgment interest, restitution and monetary relief and attorneys’ costs.
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The plaintiffs are represented by Benjamin A. Gastel, J. Gerard Stranch IV, and Alyson Steele Beridon of Branstetter, Stranch & Jennings PLLC.
The Nissan defective emergency brakes class action lawsuit is Bereda, et al. v. Nissan North America Inc., Case No. 3:22-cv-00098, in the U.S. District Court for the Middle District of Tennessee.
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39 thoughts onNissan class action over faulty emergency braking system escapes trims
I have leased a 2023 Nissan Leaf. The car has shown serious brake defects that also brought me to have an accident, but Nissan has always told me that the brakes were normal. I recently discovered that what they meant was that the brakes are standard for a Nissan Leaf, but many customers have indeed already complained, and about older models, about Nissan braking system. The car had many other defects covered by warranty by Nissan has always belittled my complaints. I am now asking them to fix the issues but the Dealerships alleged that they are shutting down, quite obviously a strategy to avoid fixing the car, so I have filed a complaint with Nissan but they keep saying that the braking system is normal for a Nissan Leaf. This is a safety issue and I need to have the car replaced or recalled or fully be reimbursed for the lease unless they fix it. Has anyone else complained about anything similar?
Thanks
I bought a 2019 Nissan Altima last year. The forward collision sensor frequently says something is in front of the vehicle when there is clearly nothing there. The vehicle has automatically braked on me several times, nearly causing an accident. Now, I have a warning light that says the forward collision sensor is malfunctioning. I have cleaned there area around it and tried to reset it but nothing works. The car has less than 55,000 miles on it and if it needs replacing I would rather not have to pay for it myself. Any and all help with this issue is greatly appreciated.
I just bought a Nissan sport SL a year ago malfunction the brakes. What can I do only had a car for year and they did not say anything about a malfunction with the emergency brake system that the car was slide for this malfunction
I have a 2019 Murano and it’s been an absolute nightmare for the time I’ve had it. In less than 3 months of driving it, the brakes have slammed on for no reason 3 times – once on the highway with a semi truck behind me! Besides that, the sensor always flags that it is obstructed within 5 – 45 minutes of starting to drive.
Additionally, the cruise control will randomly disengage with no warning aside from the notice that the sensor thinks it’s obstructed.
Never would have bought this vehicle in the first place if I knew about the sensor issue.
We just purchased a 2024 Pathfinder. My wife states that she stopped to get our mail, and upon leaving, the vehicle slammed Into park, she thought maybe she ran over something, then when put in reverse, it slammed into park again. After this happened several times, she abandoned the car half parked in our driveway, protruding into the neighborhood traffic. She was hesitant to drive any further.
I have a 2019 Nissan Rogue SL the emergency brake has turned on twice while I’m driving for no reason. Nothing was in front of my car! Sometimes my front braking sensor light will come on saying there is an obstruction when there is none. This vehicle is very unsafe piece of crap!!!