Nissan Infiniti Class Action Lawsuit Alleges Defective Brakes

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Nissan has been hit with a proposed class action lawsuit claiming a design defect in certain Infiniti vehicles’ braking systems causes the brake pads and rotors to prematurely wear.

The lawsuit filed Friday in California federal court by plaintiff Steven Brand alleges that Nissan failed to disclose the defective nature of the braking systems in 2014, 2015, and 2016 Infiniti Q50S vehicles with a Sports Braking System.

Brand leased a new 2015 Infiniti Q50S equipped with a Sports Braking System in January 2015.

Shortly after and with just a little over 10,000 miles on the odometer, Brand says he brought his vehicle to an Infiniti dealer complaining that the car would “judder and vibrate when applying the brakes.”

Upon inspection, the service technician allegedly noted that the front rotors were warped and replaced the brake pads and brake pins, and resurfaced the rotors.

However, Brand contends he continued to experience symptoms of the braking system defect, including intense vehicle vibrations when braking at high speeds.

In May 2016, Brand says he again brought his vehicle to the same Infiniti dealership with braking concerns. For a second time, he was told that the rotors were again warped and had the front brake pads and rotors replaced.

Four months later, he returned to the Nissan Infiniti dealer, stating that the brakes were “grinding and squeaking when applied.”

The service technician reportedly inspected the vehicle but did not perform any repairs and Brand’s Infiniti Q50S still suffers from the alleged braking system defect.

The lawsuit cites several consumer safety complaints that indicate Brand is not the only Nissan driver experiencing braking system issues with the Infiniti Q50S vehicle.

The complaint further claims that Nissan was aware of the problems with the braking system, including pre-release test data, early consumer complaints about the braking system defect to Nissan and its dealers, and through testing conducted in response to those complaints.

Brand alleges that Nissan was fully aware of the brake system defect in the Infinti Q50S but actively concealed the existence and nature of the defect.

He says that rather than repair the brake problem under warranty, Nissan dealers were instructed to tell consumers that their vehicles were functioning properly or conduct repairs to mask the defect.

According to Brand, the Nissan Infiniti Q50S braking system defect causes unsafe conditions, including vehicle shaking or vibrating when the brakes are engaged.

Specifically, the Sports Braking System is defective because its brake pads are composed of insufficient heat-resistant materials that are incompatible with the vehicle’s rotors.

“These conditions present a safety hazard because they severely affect the driver’s ability to control the vehicle’s speed, maintain the vehicle’s stability, and decelerate,” the lawsuit states.

Brand is seeking to represent a certified nationwide Class of consumers who purchased or leased any 2014-2016 Nissan Infiniti Q50S with a Sports Braking System, as well as three subclasses: California, CLRA, and Implied Warranty.

Nissan brake problems have been the subject of lawsuits over the years. In 2004, owners of the Infiniti G35 filed a lawsuit against Nissan, alleging that problems with the brakes significantly diminished the car’s resale value. The lawsuit sought reimbursement for plaintiffs for the cost of fixing the defect.

More recently in 2014, the automaker settled litigation over defective brakes with delta stroke sensors that allegedly can cause brake failure in 2004-2008 Nissan Titan, Nissan Armada and Infiniti QX56 vehicles.

Brand is represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, Cody R. Padgett, and Karen L. Wallace of Capstone Law APC.

The Nissan Infiniti Brake System Defect Class Action Lawsuit is Brand v. Nissan North America Inc., Case No. 2:16-cv-07378, in the U.S. District Court for the Central District of California.