Honda CR-V Class Action Lawsuit Challenges Seat Belt Safety

American Honda Motor Co. Inc. has been hit with a class action lawsuit alleging certain 2017 and 2018 model year Honda CR-V vehicles can only safely seat four passengers even though the vehicles are advertised as having the seating capacity for five.

Plaintiff Bill Schepler alleges that Honda deceptively advertises that the Honda CR-V has three-point seat belts at all five seating positions in the vehicle.

However, the seat belts in the backseat are configured such that only two passengers can buckle their seat belts at a time, the Honda CR-V class action lawsuit says.

In order to buckle the middle backseat passenger’s seat belt, the passenger must pull out the latch plate from a holding slot in the CR-V’s ceiling. A small latch plate is meant to be attached to the anchor buckle before the seat belt can be fastened in the same fashion as a lap/shoulder seat belt, according to the CR-V class action lawsuit.

“However, the configuration of the buckles is such that the middle passenger’s anchor buckle is to the left of the rear driver’s-side passenger’s buckle, rendering it impossible for the anchor buckle and rear driver’s-side passenger’s buckle to be utilized at the same time, without both of the seat belts overlapping or twisting,” the Honda CR-V class action lawsuit states.

“As a result, Plaintiff cannot safely transport three passengers in the backseat of his CR-V,” according to the Honda class action lawsuit. “This configuration prevents CR-V passengers from complying with the safety warnings in the Manuals and presents a safety hazard to passengers in the backseat of the CR-Vs.”

Schepler asserts that Honda’s advertised statements about the CR-V’s seating capacity are deceptive because the three-point seat belts cannot be used simultaneously in all five seating positions.

He says he purchased a 2018 model year CR-V from a Honda dealer in Illinois in December 2017 because he wanted a vehicle with a five-person seating capacity so he and his wife could safely transport their grandchildren.

Soon after he purchased the Honda CR-V, however, he realized the rear driver’s side seat buckle was “backward” and prevented the passenger in that seat from buckling their seat belt without overlapping the middle seat passenger’s anchor buckle.

Schepler took the vehicle back to the dealership to express his concerns, but Honda did not repair or correct the alleged seat belt configuration defect, the CR-V class action lawsuit alleges.

The plaintiff says he would not have purchased the Honda CR-V, or he would have paid less for one, if he had known he could not safely transport three passengers in the vehicle’s backseat.

He seeks to represent a nationwide Class of owners and lessees of Honda’s model year 2017 and/or 2018 CR-Vs in the United States. In the alternative, he seeks to represent an Illinois Class of 2017-2018 CR-V owners and lessees.

The Honda class action lawsuit asserts claims for violations of the California Consumers Legal Remedies Act, Unfair Competition Law, and the False Advertising Act.

Schepler also alleges violations of the Illinois Consumer Fraud and Deceptive Business Practice Act, violations of the Illinois Uniform Deceptive Trade Practice Act and unjust enrichment on behalf of an Illinois Class.

Schepler is represented by Kolin Tang and James Shah of Shepherd Finkelman Miller & Shah LLP, Robert Murphy of Murphy Law Firm, and by Ryan Frasher of The Frasher Law Firm PC.

The Honda CR-V Seat Belt Safety Class Action Lawsuit is Bill Schepler v. American Honda Motor Co. Inc., Case No. 2:18-cv-06043, in the U.S. District Court for the Central District of California.