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In a water damage class action lawsuit filed against BMW of North America LLC, a California federal judge has ruled that the class allegations and the state specific consumer protection claims will be allowed to stand. The BMW class action lawsuit alleges that the popular automaker knowingly concealed designed defects in their BMW X5, X3, and 5 series vehicles, defects that the plaintiffs claim caused trunk leaks and electrical issues.
Some breach of implied warranty claims brought forth in this BMW water damage class action lawsuit were trimmed on Jan. 6 by U.S. District Judge Maxine M. Chesney, finding that the implied BMW car warranty in question only lasted three months after the date of purchase. Considering both plaintiffs first claimed to experience the water damage defect months after the expiration of the implied warranty, the claim was dismissed without prejudice. However, Judge Chesney has allowed the rest of the BMW class action claims to remain intact.
In the judge’s second order, she addressed BMW’s motion to dismiss water damage class action lawsuit allegations, which she denied, ruling plaintiffs Monita Sharma and Eric Anderson have pleaded their case well enough to allow the proposed BMW water damage Class to stand for possible certification. According to the water damage class action lawsuit, “BMW fails to show that plaintiffs, as a matter of law, are precluded from establishing, on a motion to certify, that common issues pertaining to liability and damages predominate over individual issues,” ruled Judge Chesney.
Sharma and Anderson first filed this BMW class action lawsuit in May 2013, alleging certain BMW vehicles contained a design defect that left vital electronic components, located in the lower trunk, prone and exposed to potential water damage that is regularly caused by normal car usage. According to the water damage class action lawsuit, the damage to these electronic components can lead to the BMW car losing power while in drive.
The plaintiffs further alleged that the BMW model vehicles listed in the water damage class action lawsuit were designed in such a way that the tubes installed to drain away water from the vehicles’ sunroof are positioned right next to electrical equipment located in the trunk. Because these drainage tubes are prone to clogging from leaves and other debris, the clogging causes the tubes to leak into the trunk and onto the electrical components, thus shorting and eventually shutting off vehicle components needed to drive BMW cars.
In June 2014, Judge Chesney dismissed certain California consumer protection claims brought forth in Sharma and Anderson’s BMW water damage class action lawsuit, stating that the plaintiffs had not sufficiently alleged that the automaker was aware of their vehicles’ design defect when the plaintiffs had purchased their BMW cars. However, the plaintiffs recently submitted company documents released by BMW before either Sharma or Anderson bought their vehicles, which the court agreed sufficiently supported their consumer protection claims, thus allowing them to stand.
The plaintiffs are represented by William A. Kershaw, Stuart C. Talley and Ian J. Barlow of Kershaw Cutter & Ratinoff LLP, by Edward A. Wallace and Amy E. Keller of Wexler Wallace LLP, by Joseph R. Santoli of The Law Offices of Joseph R. Santoli and by Joseph M. Dunn of Wigington Rumley Dunn LLP.
The BMW Water Damage Class Action Lawsuit is Monita Sharma, et al. v. BMW of North America LLC, Case No. 3:13-cv-02274, in the U.S. District Court for the Northern District of California.
UPDATE: On Mar. 14, 2016, a federal judge ordered that the plaintiffs could pursue a previously dismissed claim under the Song-Beverly Act in this BMW leaky trunk class action lawsuit.
UPDATE 2: On May 6, 2016, the plaintiffs in this lawsuit are fighting BMW’s simultaneous efforts to dismiss their claims and to win judgement against them.
UPDATE 3: The BMW Electronic Component Water Damage Class Action Settlement is now open! Click here to file a claim.
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10 thoughts onBMW Can’t Dodge Water Damage Class Action Lawsuit
UPDATE 3: The BMW Electronic Component Water Damage Class Action Settlement is now open! Click here to file a claim.
I BOUGHT A USED Z4 3.0 IN OCTOBER, 2016, DROVE IT FOR 200 MILES, THEN PUT IT IN STORAGE (GARAGE, NOVEMBER, 2016) WITH A COVER. WENT TO GET THE CAR OUT LAST WEEK, AND THE TOP WOULD NOT OPERATE, AS THERE WAS WATER IN THE BATTERY COMPARTMENT. NOW THE BMW DEALER IS DECIDING WHAT TO DO FOR ME. LOOKS LIKE THE PROBLEM HAS NEVER BEEN SOLVED BY BMW, AND THEY ARE JERKING ALL THE CUSTOMERS AROUND, AND NEED ANOTHER CLASS ACTION LAW SUIT TO SHOW THEM HOW WRONG THEY ARE. I AM VERY UPSET WITH THE CAR AND THE DEALER.
How do I get this issue addressed for my BMW X3…which I just emptied over a quart of water from the reservoir on the drivers side tire…next to the battery?
Sometimes my car won’t start and I have to wipe off the WET battery cables.
GOOGEL THE ARTICLE ABOUT THE CLASS ACTION LITIGATION, AND TELL THE DEALER THAT YU ARE GONG TO SUE THEM AND BMW IN A CLASS ACTION SUIT.
THAT SHOULD GET THEIR ATTENTION
Hello,
I just had the same issue with my 2015 535i. Just died on the road and had to tow it. The dealer said there is water leak in the trunk which caused electronics to fail. I did some research and mentioned to the dealer that was a law suite which BMW settled in February 2017, he said this only covered vehicles prior to 2010!
The car is leased, less than 2 years old with only 18K miles on it. Now they’re asking me to fix it out of pocket for $2350.
I called the BMW NA customer service and filed a complaint. They took information and said they’ll get back to me in 48 hours!
Any help is highly appreciated.
Thank you,
Omar
How can I be included in the class action lawsuit? I am the owner of a 2007 BMW X3 with the exact problem described in the plaintiffs suit.
I have BMWx5, 2009, and my son has BMWx5, 2007, and both cars have the same issue occurring.
Unfortunately, BMW dealers, do not want to deal with those issues. Any rain showers can easily case many problems in my car. I am on “Weather report” channels 24/7. If any chances of rain, BMW parking in garage until weather would be stable.
My son car was tree times in repair place for water damage just last season. Last week, he put clear tape around his sunroof in BMWx5. Not sure if it going to work .
Would be highly appreciate, if you tell me, where can we reported water damage issues in BMWx5s?
I received info in the mail on the class action just last week. It is my understanding that anyone who bought a 2004-2010 should have been sent the notification. The class action info can be found at http://www.E6061WaterIngressSettlement.com phone #1-844-531-5014. ACT FAST! Deadline for claim is June 28, 2017 – Deadline to opt out (so you can sue individually) is May 29, 2017. Include all models 2004-2010. They will do free inspection and repairs, or if you have had repairs at an authorized BMW dealer or 3rd party repair shop they are offering up to $1,500 reimbursement with proof.
MY STORY — I had a 2008 535i with the same drainage issue, however, somehow the water and condensation traveled through the electrical and fried the “brain”. BMW wanted me to spend a couple thousand to replace that, just to try to diagnosis my car and even if my “brain” was ok, they would not return the new one they wanted me to purchase.. UM – NOT!!! They should have some kind of machine to hook it up to in order to diagnose. Long story short – BMW didn’t fix, NEVER disclosed there was any type of consumer notification sent out regarding the defect, and claim was denied by 21st Century insurance (of course we canceled them and they had the audacity to ask why). My options were to spend up to $15k for repairs (all seats, carpet and trunk materials needed to be replaced due to mold, and electrical system), part it out or salvage it. We decided to cut our loss and salvage. However, had I known all this last year when this went down, I would still have the car and would have had them fix it. Our BMW was in pristine condition, with the upgraded BWM rims and low profile tires, not one dent or scratch and had less than 60k miles!!!
As for me – I plan to sue! I can not replace our BMW for $1500, nor do I have receipts because no repairs were made.
UPDATE 2: On May 6, 2016, the plaintiffs in this lawsuit are fighting BMW’s simultaneous efforts to dismiss their claims and to win judgement against them.
UPDATE: On Mar. 14, 2016, a federal judge ordered that the plaintiffs could pursue a previously dismissed claim under the Song-Beverly Act in this BMW leaky trunk class action lawsuit.