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BMW of North America LLC faces a putative class action lawsuit stemming over allegations that the convenience feature of the “soft close” automatic door closure is dangerous because it is lacking basic safeguards.
Lead plaintiff Avi Azoulai filed the BMW class action lawsuit in December and the complaint was removed to federal court on Wednesday. According to the BMW lawsuit, Azoulai suffered from a physical injury due to the alleged faulty door technology.
The BMW defect class action lawsuit claims that Azoulai, who drives a 2014 BMW 750Li, accidentally had his finger in between the door opening when the “soft close” feature lightly pushed the door to the closed position.
Azoulai alleges that had it been a traditional door, he would have suffered minor pain but the door would have stopped. However, because the “soft close” technology lacks sensors or safeguards, the door was pulled firmly closed on the plaintiff’s finger which required a trip to the emergency room, Azoulai claims.
The soft close feature is typically a part of a larger package and is marketed as way to reduce noise while shutting car doors. The BMW lawsuit states that when the vehicle door is within 6 mm of the lock, the technology pulls the door to a close and locks it.
The BMW “soft close” convenience feature is reportedly installed in the following vehicles:
- 2002 – 2016 BMW 7 Series
- 2004 – 2016 BMW 6 Series Coupe
- 2004 – 2016 BMW 6 Series Convertible
- 2008 – 2016 BMW X5
- 2009 – 2016 BMW X6
- 2010 – 2016 BMW 5 SeriesGT
- 2011 – 2016 BMW 5 Series
- 2013 – 2016 BMW 6 Series GC
- (and M models of all named vehicles)
According to the BMW class action lawsuit, the car manufacturer knew about the alleged defect since 2002 through pre-release testing data and early consumer complaints. However, the lawsuit states that the car company has not informed the public about the defect despite numerous complaints from car owners.
Azoulai is claiming the following law violations: breach of warranty, Song-Beverly Consumer Act and Magnuson-Moss Warranty Act violations as well as California consumer protection and unfair competition laws.
The BMW lawsuit is seeking a minimum of $1,000 for each Class Member.
If approved, the BMW “soft close” class action lawsuit would be open to all Class Members in the U.S. who purchased or leased, or will purchase or lease, a subject vehicle, on or after BMW released the cars onto the marketplace. The plaintiff is also seeking to represent a California Class that will consist of Class Members within the state who purchased or leased, or will purchase or lease, a subject vehicle, on or after BMW released the cars onto the marketplace.
Azoulai is represented by Hovanes Margarian of The Margarian Law Firm.
The BMW “Soft Close” Automatic Door Defect Class Action Lawsuit is Azoulai v. BMW of North America LLC, Case No. 5:16-cv-00589, in the U.S. District Court for the Northern District of California.
UPDATE: On Apr. 4, 2016, BMW seeks dismissal of a proposed class action lawsuit that claims its vehicles “soft close” door feature crushed a consumer’s finger, arguing that the driver is responsible for the alleged injury.
UPDATE 2: On Oct. 21, 2016, in another attempt to toss a class action lawsuit over its vehicles soft close automatic doors, BMW filed a motion to dismiss on grounds the plaintiffs claim still fails to show BMW is culpable for their injuries.
UPDATE 3: On Nov. 21, 2016, the plaintiffs countered that they clearly pled facts establishing their standing. Regardless of whether or not any proposed Class Member got their fingers caught in a BMW soft close door, they say each owner of such a car was economically harmed because they were given a product that was not as safe, and therefore not as valuable as what they paid for.
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10 thoughts onBMW Faces ‘Soft Close’ Automatic Door Defect Class Action Lawsuit
2016 BMW X6 owner- Chicago
My car fractured my left thumb today. The passenger door was open, I was out of the car trying to get my stuff, with the left hand resting on the vehicle. The electric engine activated and literally smashed my thumb.
A trip to the ER ended my day. Doctor said 4-6 weeks to recover. This will impair my work and life big time.
I WOULD LIKE TO BE INCLUDED IN ALL BMW CLASS ACTIONS NOTHING BUT ISSUES
The trunk door closed hard on my hand.
Has there been an update on this since November 2016?
Yes I have an X1 2016 with convenience feature that closed and hit my head while I was in the hatchback putting something in the trunk hatch.
I am still affected by this injury and hope that each day I improve.
I did not touch any buttons on the car or the remote, nor did I do the foot dance wiggle kick under the bumper. Seriously several stiches and I can’t enjoy the hatchback, which is why I bought the X1. It is pretty to look at though, from a safe distance. BMW Corporate NJ had no direct instruction to cure this design concern/problem/defect and yet they stated the next Vehicle design will have the capability to turn off the comfort access for the tailgate hatch.The dealer has stated they have a solution but after five hours in the shop they removed the convenience feature via programming but this has NOT disabled the comfort access feature from the tailgate hatch.
I would expected better. I asked them to disconnect the sensor from the bumper that triggers the comfort access feature with proximity and or motion sensing and or radio fob remote key control when a person and remote are in the rear of the vehicle. Who needs this if it is unsafe and close on you. Waiting to see if the can old school it and disconnect a wire or perhaps a fuse. The wait and uncertainty would make me think twice about the comfort access feature on a BMW. Concern is that other car manufacturers may copy this feature to hands-free open and Close the hatch. However safety should be paramount on design.
Bmwx1f48@gmail.com
UPDATE 3: On Nov. 21, 2016, the plaintiffs countered that they clearly pled facts establishing their standing. Regardless of whether or not any proposed Class Member got their fingers caught in a BMW soft close door, they say each owner of such a car was economically harmed because they were given a product that was not as safe, and therefore not as valuable as what they paid for.
UPDATE 2: On Oct. 21, 2016, in another attempt to toss a class action lawsuit over its vehicles soft close automatic doors, BMW filed a motion to dismiss on grounds the plaintiffs claim still fails to show BMW is culpable for their injuries.
UPDATE: On Apr. 4, 2016, BMW seeks dismissal of a proposed class action lawsuit that claims its vehicles “soft close” door feature crushed a consumer’s finger, arguing that the driver is responsible for the alleged injury.
How do I join
What about soft close trunks. Earlier models should be included as well.