Mercedes Class Action Says Active Head Restraints Suddenly Deploy

A class action lawsuit has been filed against Mercedes-Benz USA by eight customers who allege that the vehicles contain a defect in the headrests which compromises the safety of the occupants.

The plaintiffs claim that an “active head restraint” (AHR) is implanted in the headrest which is supposed to spring forward if the car is involved in a rear-end collision.

The AHR is designed to catch the occupant’s head and prevent whiplash. The AHR on the Mercedes is known as the NECK-PRO.  

The Mercedes class action lawsuit states that, under normal conditions, the NECK-PRO can deploy without having an impact from a collision and hit the back of the occupant’s head.  

“The force of the impact not only causes serious bodily harm to the head and neck, but also creates a risk of collision when the headrest deploys—suddenly and without warning—while the vehicle is being driven,” the plaintiffs say.

The Mercedes class action lawsuit notes that there is a plastic piece that is inside the AHR that fails prematurely. The plaintiffs say that this piece is made of an “inferior and inexpensive form of plastic which cracks and breaks down prematurely under the constant pressure exerted by the springs in the AHR.”

The plaintiffs allege that there are at least hundreds of thousands of vehicles equipped with the defective plastic piece and there is no warning as to when the AHR in the headrest will deploy.

The Mercedes class action states that the defendants knew about the safety defect when customers started bringing in their vehicles into dealerships and from looking at consumer complaints that were filed with the National Highway Transportation Administration.  

In addition, the plaintiffs maintain that Mercedes was “intimately involved” with the testing and design of the AHR systems and were aware of the inferior plastic being used in the headrests.

“Despite this knowledge, Mercedes nevertheless approved the defective AHRs for use in its vehicles and denies that this defect exists,” the Mercedes class action complaint argues.

The plaintiffs state that regardless of knowing the dangers caused by the defect in the headrest, Mercedes has not taken any action to fix the problem and still sell cars that have the defective NECK-PRO. In addition, Mercedes reportedly hasn’t issued a recall on the defective part or contacted vehicle owners to apprise them of the defect.  

To be sure, Mercedes has refused to cover the costs of replacing the defective AHRs after they deploy and, in fact, blame the customer and deny any responsibility for the defective part, the plaintiffs say. 

In addition, the Mercedes class action lawsuit states that the defendant hides the defect in the AHR by blaming the spontaneous deployment on other problems with the car.

“Mercedes has at all relevant times, been aware of the true issue: the AHR was designed with an inferior, inappropriate, and inexpensive plastic component that breaks under the tensed force of the springs,” the plaintiffs state.

Potential Class Members in this action include: “All persons in the United States who currently own or lease, or who have owned or leased, one or more vehicles manufactured by Mercedes, or any of its subsidiaries or affiliates, which are equipped with headrests containing the defective AHR.”

Have you experienced the AHR suddenly deploying? Share your story in the comment section below.

The plaintiffs are represented by Benjamin Widlanski, Harley S. Tropin, Gail McQuilkin, Rachel Sullivan, and Robert J. Neary of Kozyak Tropin & Throckmorton LLP, George Franjola of Gilligan Gooding Franjola & Batsel PA, Jack Scarola of Searcy Denney Scarola Barnhart & Shipley PA, and Michael Burger of Santiago Burger LLP.

The Mercedes Active Head Restraint Class Action is Lewis, et al. v. Mercedes-Benz USA LLC, et al., Case No. 9:19-cv-81220, in the U.S. District Court for the Southern District of Florida.

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