Subaru Class Action Alleges Outback, Legacy Windshield Defect

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Subaru owes Outback and Legacy owners a repair or replacement for their allegedly defective windshields, according to a new class action lawsuit.

Plaintiff Lucia Luong claims the windshields in certain model years of Subaru Outback and Legacy vehicles are so poorly made that they fail upon being hit with the slightest impact, or sometimes for no discernible reason at all.

She says Subaru has violated federal and California state consumer protection laws by failing to properly remedy the alleged defect. Luong claims that around March 2017, the windshield in her 2015 Subaru Outback began to show a crack creeping up from the center of its base. She says she never witnessed the windshield sustain any impact that would cause such a crack.

Yet when she brought the vehicle to her local Subaru dealer for repair or replacement, the dealer refused to cover the repair under the vehicle’s warranty.

Luong quotes page after page of complaints lodged with the National Highway Transportation Safety Authority, describing the alleged Subaru windshield defect at issue.

One affected owner reports that the windshield on her 2015 Subaru Outback cracked “right before our eyes” as she sat in the vehicle in a parking lot. The owner paid for a replacement windshield after her Subaru dealer declined to cover the replacement under warranty, based on evidence of impact from debris. But a few months later, the owner says, the replacement windshield cracked the same way.

Based on this and many similar complaints, Luong says Subaru has been on notice that something is wrong with its windshields. Yet instead of offering owners a proper fix, the company allegedly withheld information about the alleged defect and refused to extend warranty coverage to affected owners, she claims.

The alleged defect not only fails to give owners the functioning windshield they have a right to expect, Luong says – it also seriously compromises the safety of drivers and passengers.

“A spontaneously shattering or cracking windshield can impair the driver’s view and cause driver distraction,” Luong says. “It may also result in dislodged glass that can cause cuts, eye damage and other injuries.”

Luong further argues that a vehicle’s windshield is an essential component in a comprehensive safety system that includes other safety features like seat belts and airbags. A defect in one component of this system can limit the effectiveness of other components, she claims.

Luong’s proposed nationwide plaintiff Class would include “[a]ll persons who purchased or leased any 2015 through 2016 Subaru Outback or Legacy vehicle in the United States.” Luong also proposes a subclass that would represent nationwide Class Members who purchased their vehicles in California.

She is asking the court to compel Subaru to notify affected owners about the defect, to offer them extended warranty coverage for the vehicle’s windshields, and to offer reimbursement to Class Members who have already paid out-of-pocket to repair their windshields.

She is also asking for an award of damages, restitution, disgorgement of related profits, court costs and attorneys’ fees.

Luong is represented by attorneys Mark S. Greenstone and Lionel Z. Glancy of Glancy Prongay & Murray LLP.

The Subaru Outback Windshield Defect Class Action Lawsuit is Lucia Luong v. Subaru of America Inc., Case No. 3:17-cv-03160, in the U.S. District Court for the Northern District of California.

UPDATE: On May 2, 2018, a federal judge denied Subaru’s bid to dismiss a faulty windshield class action lawsuit against them saying the plaintiffs sufficiently argued their case.