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Update:
- Nissan agreed to pay an estimated $18.3 million to settle claims it sold certain Altimas and Maximas with defective floorboards.
- Nissan drivers claim the allegedly defective floorboards prematurely rust.
- Nissan will inspect the front floor plans for its 2002-2006 Altimas and 2004-2008 Maximas and repair any defective vehicle for free, per the agreement.
- Nissan will provide free rental vehicles to drivers whose cars require at most five days to fix, per the agreement.
- Nissan will reimburse drivers who have already paid out-of-pocket to have their vehicles fixed, with stipulations, per the agreement.
- Around 60,000 drivers could possibly benefit from the settlement agreement.
(12/19/2018)
The Nissan floorboard class action lawsuit alleging a defect causes leaks is facing a motion by the car maker to toss the claims.
Lead plaintiff Laura Frances Hays alleged in the Nissan floorboard class action lawsuit that 2002 through 2006 Altimas contained a defect that left passengers’ feet wet and, more critically, allowed the cars to rust out. The plaintiff claimed that she purchased a 2003 model of the car, but the Nissan floorboard became corroded and required repair.
The car maker recently argued in a motion to dismiss the class action lawsuit that the Nissan floorboards in the allegedly defective Altimas are long past the expiration dates of their warranties.
“Nissan had no reason to expect corrosion would develop on the Altima floor pans,” contends the motion to dismiss the class action lawsuit. “The Altima underwent extensive design validation that included complete accelerated testing, which gave no grounds for Nissan to be concerned that use of a butyl patch would allow corrosion of the floor pan under operating conditions.”
The car company points out that the Nissan floorboards in Hays’s Altima performed fine for five years and that they were repaired in 2008.
“Plaintiff’s Altima was covered by Nissan’s new vehicle limited warranty that lasted three years or 36,000 miles, whichever came first. Nissan’s Warranty,” pointed out the car maker. “Plaintiff’s coverage expired in April 2006. The warranty covered only ‘defects in materials and workmanship.’”
Further, Nissan contends that Hays sold her vehicle in 2016, listing it in “good condition.”
“Plaintiff drove her Altima for nearly twelve years with minimal upkeep, incurring only routine maintenance expenses, and considered her Altima reliable this entire time,” asserts the motion to dismiss. “In March 2016, Plaintiff traded in her Altima, at which time she considered her vehicle (which had 104,000 miles on it) to be in ‘good’ condition.”
In its motion to dismiss, the car maker argues that Hays has failed to establish that it was aware of any Nissan floorboard defect when the cars were initially manufactured. Nissan also argues that the class action lawsuit allegations are far past the statutory deadlines set for such claims by about five years.
According to the Nissan floorboard class action lawsuit, the plaintiff had a technician look into rust in the floorboards of her Altima after hearing about the problem on her local news. The plaintiff says the technician discovered rusting, and the plaintiff paid nearly $500 to fix it.
The class action lawsuit seeks to represent owners of 2002-2006 Nissan Altimas.
Lead plaintiff Laura Francis Hays and the proposed Class are represented by Matthew L. Dameron and Amy R. Jackson of Williams Dirks Dameron LLC, Norman E. Siegel and J. Toji Calabro of Stueve Siegel Hanson LLP and Tim E. Dollar and J.J. Burns of Dollar Burns & Becker.
The Nissan Floorboard Class Action Lawsuit is Hays v. Nissan North America Inc., et al., Case No. 4:17cv00353, in the U.S. District Court for the Western District of Missouri.
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24 thoughts onNissan Floorboard Class Action Lawsuit Faces Car Maker’s Motion to Dismiss
2006 nissan altima . In montreal canada with same issue
Owned a 2005 Nissan Altima the floor board under the throttle and brake gave way while I was driving and I got int o an accident. Car was totaled can I still get in on this?
I had 2005 altima that floorboard on passenger rusted through. I paid a shop to tack weld a sheet of metal on the inside and out. He then sprayed inside and out with rubberized coating. put my carpet back down. That was about 300.00
How do you join?
My 2014 Nissan Versa has flooded under the floorboards on the passenger side, due to a defective drainage system. Starting in 2015, I began to hear ‘sloshing’ sounds, especially when I braked, and brought it to the dealer for warranty repair. Yet the dealer claimed to find nothing wrong. Now I learn that hundreds of other drivers have reported this problem, but my car is out of warranty. I would like to join a class action lawsuit.
I own a 2017 MURANO…..cleaning and detailing my car, I found under the seats where the carpet is ripped up….the parts and floor are already rusting, parts of my doors are rusting, and I keep my car up and taken care of. There’s zero reason a 3.5 year old car should be rusting out on the floors. Or anywhere in such a short time unless someone was watering the inside of their cars. Mine hasn’t been in anything that’s caused this and you can tell someone put the carpet under seats to hide or cover this. This is concerning being a newer car with well under 65000 miles since 2017. But it’s again a Murano not Altima and already in two other major issues (carbon monoxide leak with air/heat, brake fluid possibly able to leak and set car ablaze. When told to not park near your house or structures ….it’s concerning. When Nissan says “it all passes” when they did an expensive oil change….I’m weary to bother going back for other issues. I’m not a fan of the car salesman group nor the service department group since being a woman seems to make me automatically not worth listening too. To come to this site type in Nissan and 474 results (not all for my vehicle) come up, I’d say Nissan may want to fix things and go back to drawing board before building more. This is crazy.
I own a 2003 Altima and the floor boards are rusting away.
I own a 2003 Nissan Altima and you can see the ground from passenger side as I’m driving, door handles have all broken off as well.
I want to join in regarding a 2012 versa. Started leaking water into floor boards now floods everytime it rains.
I would like information about the class action because my 2 daughters own Nissan Sentras and there is water in the passenger side doors (you hear it slooshing) and just tonight I discovered my 2019 Nissan Rouge has the same issue.
Just discovered that my 2003 Nissan Altima has rusted under the drivers side. When the car was parked outside I noticed something hanging underneath the car. My husband then broke it off and said there was a hole. This car has about 114,000 miles on it and I had hoped to keep using it as long as possible since it still looks and runs pretty good for its age. No one at Nissan or any other car repair shop had ever said anything about rust on the floorboards. I always kept the car in the garage. The passenger side also has some rust.