Subaru Class Action Claims Outback Vehicles Suffer Design Defects

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A proposed class action lawsuit has been filed against Subaru of America Inc. alleging that certain Subaru Outback vehicles suffer from design and/or manufacturing defects that pose a safety issue.

Plaintiff Kathleen O’Neill filed the lawsuit in federal court this week stating that the exterior lighting bulbs on the 2010 and 2011 Subaru Outback vehicles are “defective due to interference within the lighting assembly and overvoltage in the lighting circuits.”

According to the complaint, “These problems cause the bulbs to burn out prematurely and require frequent replacement.”

In addition, the complaint claims that the defect is exacerbated when the vehicle is in the Subaru-recommended “auto” mode.

Because the bulbs tend to burn out, the condition poses a threat to the driver of the vehicle as well as the other vehicles on the road, O’Neill says.

“The Exterior Lighting Defect, in turn, may lead to unsafe conditions, such as impairing the driver’s ability to see the road, obstructions, road signs, and other vehicles during operation. The Exterior Lighting Defect also prevents other drivers from seeing the Class Vehicle while on the road,” the complaint reads.

Multiple lighting areas on the Subaru vehicles are apparently affected and the bulbs as well as other lighting components need frequent replacement, according to court documents.

“As a result of this defect, consumers will have to pay to replace the exterior lightbulbs and their assemblies, including low beam headlamps, side marker lightbulbs, turn signal lightbulbs, tail and brake light assemblies, license plate lightbulbs, and parking lamps,” the complaint details.

O’Neill alleges that Subaru was aware of the defect as early as 2009, as complaints about the issue were evident in consumer complaints, repair orders at dealerships and other avenues that listed such problems.

“Subaru knew or should have known about the defective nature of the Class Vehicles since 2009 but failed to disclose the defect to Class Members and actively concealed it,” O’Neill states.

O’Neill also alleges that not only did Subaru know about the defect, the manufacturer suggested repairs on the car to only temporarily fix the issues, and it did not offer permanent solutions.

The plaintiff states that she purchased a 2011 Subaru Outback in January 2011, believing the car to be a safe and reliable vehicle. In November of the same year, she said she began experiencing issues with the exterior lighting.

O’Neill outlined eight separate visits to various dealerships and auto repair shops over the next five years and had multiple replacements of nearly all her exterior lighting components, and often had multiple lights fixed at a single date.

The lawsuit brings forth several counts against Subaru including violation of California’s Consumers Legal Remedies Act, violation of California Business and Professions Code, breaches of implied warranty pursuant to Song-Beverly Consumer Warranty Act and under the Mangnuson–Moss Warranty Act as well as unjust enrichment.

The plaintiff seeks to represent a nationwide Class, a California subclass and two additional California subclasses who purchased or leased any 2010 or 2011 Subaru Outback vehicles.

On behalf of herself and others, O’Neill is seeking declaratory and injunctive relief, damages, interests, disgorgement of profits and attorneys’ fees and costs.

The plaintiff is represented by Jordan J. Luie, Rober K. Friedl, Tarek H. Zohdy, Cody R. Padgett and Karen L. Wallace of Capstone Law APC.

The Subaru Design Defect Class Action Lawsuit is Kathleen O’Neill v. Subaru of America Inc., Case No. 2:16-cv-02774-R-KS, in the U.S. District Court for the Central District of California, Western Division.