Subaru Cracked Windshield Class Action Revised

Numerous class action lawsuits against Subaru have been compiled into one complaint by consumers who claim their cars’ windshields are prone to crack.

The first complaint was filed in October 2019 by Christine Powell and the other complaints followed in courts in California and New Jersey.

The plaintiffs maintain that Subaru sold 2017-2020 Subaru Forester, 2017-2020 Subaru Outback, 2017-2020 Subaru Crosstrek, 2017-2020 Subaru Legacy and 2017-2020 Subaru Impreza vehicles to the customers but didn’t disclose the windshields were defective.

The defect allegedly presents a safety hazard to drivers and pedestrians. Spontaneous cracking can impair the driver’s view and distract the driver, according to the consolidated Subaru class action lawsuit. In addition, the plaintiffs claim the replacement windshields they paid for, which were provided by the company, have the same defect and are equally dangerous.

In addition, the customers claim the defect deprives them of the ability to use the company’s EyeSight technology that is built into the windshield.

The customers allege Subaru knew the class vehicles contain the windshield defect and have concealed this information from the public and even continues to deny that the problem exists.

“Selling vehicles with dangerously defective windshields and refusing to take responsibility for the defects is directly contrary to the safety conscious, trustworthy, and reliable image Subaru advertises,” states the Subaru class action lawsuit.

The vehicle owners maintain that Subaru refuses to honor the commitment it gave to loyal customers, is jeopardizing the safety of the public, and making its customers bear the expenses of Subaru’s mistakes.

The car owners argue that Subaru refuses to replace the defective windshields under their warranty, often stating that an impact caused the windshield to crack. The “systematic” denial of these warranty claims is one part of a “concerted effort” to minimize the cost of warranty claims and shift the costs of repairs onto the customers, the plaintiffs allege.

The plaintiffs also state that had the defendants disclosed the defect to the customers, the plaintiffs would not have purchased the vehicles or would have paid less for them.

When purchasing their vehicles, customers relied on the reasonable expectation their class vehicles would be safe and have windshields that did not have any defects and did not pose a threat to their safety, states the class action lawsuit.

“Plaintiffs and the Class members operated their Class Vehicles in a reasonably foreseeable manner and as the Class Vehicles were intended to be used but nevertheless suffered significant damages to their windshields as a result of the defect,” the Subaru class action lawsuit continues.

The Subaru class action lawsuit argues that, “Plaintiffs demand that Defendants accept responsibility for replacing damaged windshields under Subaru’s new vehicle warranty at no charge to Plaintiffs and the Classes and reimburse Plaintiffs and the Classes for losses suffered as a result of the Defect. In addition, or alternatively, Subaru should be required to buy back the Class Vehicles.”

Do you own a Subaru with a  windshield that cracks? Leave a message in the comments section below.

The plaintiffs are represented by Katrina Carroll of Carlson Lynch LLP, Peter Houghton Levan Jr. and Peter A. Muhic of Levan Law Group LLC and Amey J. Park and Russell D. Paul of Berger Montague PC.

The Subaru Windshield Class Action Lawsuit is Powell, et al. v. Subaru of America Inc., et al., Case No. 1:19-cv-19114, in U.S. District Court for the District of New Jersey.

UPDATE: On March 6, 2020, Subaru asked a judge to dismiss a class action lawsuit claiming the windshields in some Subaru vehicles crack during normal use.

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