Aย class action lawsuit claims several models of General Motors SUVs possess defects in their automatic rear door liftgates, despite a 2015 limited recallย meant to fix the problem.
Plaintiffs Amy Miller, Garris Graham, David Luse, Bette Leonard, and Mike Arnadi assert that the automatic rear doors on their vehicles fall suddenly from an open position.
According to the GM lawsuit, the doors do not function as advertised, and pose a danger to anyone in the path of the door.
The GM class action lawsuit names the following vehicles as affected by the defective liftgates:
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- 2010-2012 GMC Acadia
- 2010-2012 Buick Enclave
- 2010 Saturn Outlook
- 2010-2012 Chevrolet Traverse
- 2010-2012 Cadillac SRX
- 2010-2012 Chevrolet Equinox
- 2010-2012 GMC Terrain
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Miller and the other plaintiffs assert that the 2015 recall, which was limited to a reprogramming of the software that controls the opening and closing of the door did not do enough to remedy the problem.
According to the GM liftgate defect class action lawsuit, the SUVs share a defect separate from the door software. The power liftgates are held up by struts that wear prematurely because โthe design allows dirt and debris to compromise the seals on the pressurized cylinder, allowing pressurized gas to escape.โ As a result, the struts do not lose air slowly as intended, but release air suddenly, and fall on people in the path of the liftgate.
The plaintiffs argue that the only permanent solution to this problem is a replacement of the struts and a subsequent update of the software that controls the door.
According to the GM liftgate defect class action lawsuit, GM knew about the defect, but did not inform consumers of the problems with the vehicles. They site that in 2010, GM issued โthe first of several Technical Service Bulletins to dealers regarding power liftgates and/or liftgate struts,โ but did not take action to notify consumers.
The GM liftgate defect class action lawsuit argues that GM should have known about the defects in the struts years before their 2015 recall. According to the plaintiffs, three other automakers issued recalls related to defects in power liftgate struts from Stabiles Inc., the supplier that GM uses. These recalls began in 2006.
The GM liftgate defect class action lawsuit argues that though the 2015 recall limited repairs to the gateโs software, GM admitted in its recall notice to the National Highway Traffic Safety Administration (NHTSA) that the struts themselves were defective. However, Miller and the other plaintiffs argue that though GM acknowledged to the NHTSA that the struts were defective, GM only agreed to replace the struts if they failed during the recall or within 90 days of it. Furthermore,ย the plaintiffsย claim that GM limited its 2015 recall to four models, though they knew that other models possessed the same, or similar, defects.
The GM liftgate defect class action lawsuit claims that โas a result of GMโs unfair, deceptive and/or fraudulent conduct, Plaintiffs and the other class members were damaged in that they paid more for their Class Vehicles than they would have paid had they known about the Power Liftgate Defect that GM failed to disclose, or they would not have chased or leased their Class Vehicles at all.โ
The GMย SUV ownersย are represented by E. Powell Miller, Sharon S. Almonrode, and Dennis A. Lienhardt of The Miller Law Firm; Adam J. Levitt, John E. Tangren and Daniel R. Ferri of Dicello Levitt & Casey LLC; W. Daniel โDeeโ Miles, III, H. Clay Barnett, III, Archie I. Grubb, II, and Christopher D. Baldwin of Beasley Allen Crow Methvin Portis & Miles PC; and Courtney L. Davenport of The Davenport Law Firm LLC.
The GM Liftgate Defect Class Action Lawsuit is Amy Miller, et al. v. General Motors LLC, Case No. 1:17-cv-14032-TLL-PTM, in the U.S . District Court for the Eastern District of Michigan.
UPDATE: The GM Liftgate Defect Class Action Lawsuit was dimissed on July 12, 2018.ย Top Class Actions will let our viewers know if a new case is filed.
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40 thoughts onGM Class Action Alleges Liftgate Problems Persist Despite Recall
My 2015 GMC Acadia liftgate motor or something didnโt work and hit me on my head as I was pulling groceries in my trunk. I brought my vehicle into North County Cadillac, 92029. and spoke to the Service Manager whose response to me was why did I wait to bring in the vehicle in after they did the recall back in 2015. He said he would forward my concern to GM and then would get back to me. Today is 02/10/2020.
My liftgate failed on my 2012 Buick Enclave this morning. Hit me in the head and continued to close on me. I had to force the liftgate up while it was still pushing down to close. Turned the power off, and it wonโt stay open at all. Have to prop something under to keep it open, which does not feel safe due to the weight of the liftgate.
I just had the rear hatch on my motherโs 2016 equinox come down on my neck. It would not close because a bag was hanging out. When I went to push the bag back inside the hatch closed on my head and neck. Now my neck hurts and the pain goes all the way down into my shoulder. Are there any others who have had this issue? I canโt see my doctor for a few days and canโt use my arm without pain.
Hi Eric, yes I had a similar thing happen on my 2016 equinox can you please reach out to me.
I just bought a 2015 equinox last week. The hatch worked the first week. Now, using remote, gate goes up, drops 1/4 down, then up again, drop 1/4, then closes. When set to manual, the get is very heavy. When lifted to the top, it makes the same pattern when itโs closing.
On 10/26/19 @4pm. 2018 Yukon denali rear door slammed down on my head while putting pumpkins in truck. Headache and pain down into my neck and left arm and down into my back. I am resting. If the pain continues in a few days Iโm going to the doctors. Itโs Gary Sullivanโs SUV
Need information if this is still being investigated or closed . The rear powered hatch on my 2012 Equinox has hit me on the head recently .Could someone point me in the direction as to who i could speak with in regards to this door defect before i take it in to the dealership for repairs . โ thanks
Acadia 2009, had lift gate repaired on a recall, and it has gonna out completely please add me
I purchased a custom built 2017 Yukon XL. The dealer did not tell me that there were any open issues, defects or recalls. After having the liftgate slam on my head and nearly injury my small children, I took it the dealer and they said.. โYeah, thatโs a know issue. We see it all the time, thereโs a Bulletin to fix it.โ Then WHY didnโt you fix it BEFORE you transferred ownership of the car to me!! Why are the dealer and manufacturer not held accountable for the defects that they knowingly distribute! This is not acceptable in any other industry. This is the ONLY industry where the consumer had no recourse to return a defective purchase at the sellers expense! Car manufacturers need to controlled and regulated better. This is only 1 of the 14 defects Iโve had in 18 months, and GMC wont return my calls, emails, or social media requests.
There is a spelling error in article. I have indicated the error in this copy paste section of the above article by the following (((())))
The GM liftgate defect class action lawsuit claims that โas a result of GMโs unfair, deceptive and/or fraudulent conduct, Plaintiffs and the other class members were damaged in that they paid more for their Class Vehicles than they would have paid had they known about the Power Liftgate Defect that GM failed to disclose, or they would not have ((((chased)))) or leased their Class Vehicles at all.โ
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you โFollowโ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then โFollowโ the article above, and get notified immediately when we post updates!
Following this one. Iโve had problems with my 2011 Buick enclave power liftgate and was mailed a card about the recall. I called the dealership and they told me the reprogramming was already done prior to me buying the car in 2016 but I could have them do an evaluation on the problem and pay a $250 eval fee even if they didnโt find anything wrong. I turn off my power liftgate and donโt use it because I donโt want to run the risk of my girls getting injured if it falls on them.