Sarah Mirando  |  August 13, 2010

Category: Legal News

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Mercedes Faces Second Leakage Class Action
By Matt O’Donnell
 

Mercedes-Benz E ClassLooks like the Mercedes-Benz class action lawsuit settlement we told you about yesterday isn’t the only lawsuit accusing the company of using defective parts that cause water damage. A new class action lawsuit has been filed against Mercedes-Benz alleging the company designed, manufactured, distributed, sold and leased model year 2002 through 2009 Mercedes-Benz E-Class W-211 vehicles that contain defective water drainage systems. The alleged defect makes the E-Class vehicles highly prone to water leaks and flooding in the interior cabin of the vehicle that is not only costly, but dangerous.

 

The class action lawsuit claims the vehicles are designed to keep water out of the vehicle during rain or when the vehicle is washed, but design and manufacturing defects — including defects in the drainage system — actually make the vehicles highly prone to water leaks and flooding. Water entering the vehicle’s interior cabin can cause water damage to the computer, electrical system and interior components of the vehicle, resulting in electrical failure. This presents a serious safety hazard and exposes consumers to “catastrophic engine and/or electrical system failure,” including sudden engine failure while the vehicle is being driven, which can contribute to traffic accidents that can result in personal injury or death.

 

In addition to the safety hazards of the alleged defect, the costs associated with the water leaks can cost consumers hundreds to thousands of dollars in repair costs to fix the extensive damage. The class action lawsuit accuses Mercedes-Benz of concealing the defect and failing to disclose the defect to consumers. As proof that Mercedes-Benz knew about the water leakage defect, the lawsuit points out a 2008 “secret” technical service bulletin the company sent to dealers that offered cheaper — yet temporary — fixes, such as cleaning out the water leak defect and modifying the vehicle’s drainage system by drilling in an extra drain hole. Any damage caused by water leakage is not usually covered under warranty, yet the company directed dealers to perform the 2008 bulletin fixes at no charge to the customer if they “complained loudly enough.”

 

If certified by a judge, the class action lawsuit will cover anyone who purchased a Mercedes-Benz E-Class W-211 vehicle between 2002 and 2009. The lawsuit is seeking warranty coverage and reimbursement to all class members who experienced or will experience water damage caused by defective parts.

 

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Updated August 13th, 2010

 

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