BMW Wants ‘Soft Close’ Door Defect Class Action Tossed

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

BMW is seeking dismissal of a proposed class action lawsuit that claims its vehicles “soft close” door feature crushed a consumer’s finger, arguing that the driver is responsible for the alleged injury.

Plaintiff Avi Azoulai claims his finger was hurt when he placed it in the path of a closing car door. While BMW expresses its sympathy toward his injury, the company asserts that it’s not liable for the plaintiff’s own negligence.

BMW further argues for dismissal of the class action because Azoulai’s claims fail to meet fundamental standing principles since he “expressly disclaims” any damages for personal injury but instead aims to “shoehorn product liability principles” into a nationwide class action lawsuit seeking damages only for economic harm.

“Plaintiff, who is a lessee that will return his vehicle to BMW at the end of his lease, relies predominantly on the alleged ‘diminished value’ of a car that is not his to sell,” BMW stated in the dismissal motion. “Even if he could get past this significant barrier, his factual allegations in the [first amended complaint] are grossly deficient.”

BMW says Azoulai’s claims of breach of express and implied warranty, unfair competition, and state consumer protection laws are without merit because he does not allege pre-sale exposure to any of the representations he claims created an express warranty. Additionally, the implied warranty for a vehicle can only be breached if it does not provide safe and reliable transportation and Azoulai’s claims only center on what may happen when the vehicle is parked.

BMW’s soft close door feature was designed to pull the door shut silently when it gets within a certain distance of the lock. When the door is about 6 mm open, it will automatically close and lock. This feature is available in BMW model 2016 cars that are 5 series and higher. It can be found in the 7 series, the 6 series coupe and the 6 series convertible. It is also available in the X5, X6, 5 series GT, 5 series. In addition, it is found in the 6 Series GC and in the M Models.

Azoulai filed the proposed class action lawsuit, claiming the system is defective because BMW didn’t install sensors that would tell the door something was in between it and the lock, allowing for objects to get caught in the middle.

The plaintiff also alleges that BMW knew about this since the testing phases in 2002 but did not do anything to fix the issue. In fact, the company has received complaints about this issue, four of which Azoulai cites in his lawsuit, but the company did not inform the customers about this complaint or the defects, according to the plaintiff.

Azoulai is seeking to represent a nationwide Class of BMW drivers and is requesting $1,000 in damages for each Class Member.

The plaintiff is represented by Hovanes Margarian of The Margarian Law Firm.

The BMW Soft Close Door Class Action Lawsuit is Azoulai v. BMW of North America LLC, Case No. 5:16-cv-00589, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 21, 2016, in another attempt to toss a class action lawsuit over its vehicles soft close automatic doors, BMW filed a motion to dismiss on grounds the plaintiffs claim still fails to show BMW is culpable for their injuries.

UPDATE 2: On Nov. 21, 2016, the plaintiffs countered that they clearly pled facts establishing their standing. Regardless of whether or not any proposed Class Member got their fingers caught in a BMW soft close door, they say each owner of such a car was economically harmed because they were given a product that was not as safe, and therefore not as valuable as what they paid for.