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
Cadillac SRX is a piece of crap! I have a 2016. The first malfunction I experienced was the CUE screen cracking due to heat. Supposedly it is made of a material that expands and shrinks related to the hear. Once the cracks fill the screen it becomes unresponsive to touch.
Now my lift gate wonโt open. I took it to the dealer and was told it was about 10 hours of labor and would cost close to $5000 to fix. Of course my extended warranty will not cover it- because it never covers anything, honestly!
It seems that the design on the 2010-2016 SRX allowed water to run into the control module and cause corrosion. So now I canโt use my touch screen and canโt open the back of the care either. What a joke! โAmerican made Luxuryโ? Never again!!! Give me a Toyota next time! They donโt keep using the same failed design for 6 years without correcting it!
My 2012 Cadillac SRX has been a problem with the rear liftgate. when I went to check the hydraulic pump for the liftgate , there was 2-3 inches of water in the rear trunk area. The water caused the pump to fail along with the control module. Of course GM plays dumb to this problem that their engineers created.
The same thing has happened to my 2015 SRX twice and Cadillac claim they have never had an issue like that. Told me it was from rain somehow leaking into my car/trunk area. I had to pay for two modules so far and now I see this problem was existing before I bought my car. They gave me a $100 rebate but they should have paid for the whole thing.
Having the same issue with my 2013 Terrain. It opens, bounces, then slams shut. Almost injured my wife.
Iโve been having issues with my lift gate for a while now on on my. 2012 Cadillac suv. i try not to use it cause it closes so fast. it doesnโt stay open once you open it, i have to be ready to grab whatever i am getting out of it very quick so it doesnโt shut down on me. thatโs scary and nerve wrecking. itโs a shame and a disgrace for the cadillac dealership to not take responsibility for selling expensive cars with known defects and not being held accountable.
2 days ago my 2014 Cadillac SRX gate in the back came down on its on on my neck and pushed me so hard that I barley made it out !!! Iโm really glad I got out before I cut me in half!!! Kept pushing with my head and back but it did not stop !!! Called GM they blew me off!!! Now I can hardly move my neck head and shoulders!!! Has this happened to anyone else?
My 2013 SRX lift gate came down on me and I kept pushing with my back to try and stop it! It all most severed me! It did not stop and I was lucky to escape. Iโm am 5โ2. This is the 3rd time it has happened.
I just had my lift gate come down very hard on my head. 2018 Yukon Denali. Apparently there is a function that allows it to close after so many minutes but I can not find any paperwork on it or how to disable it. I have had mri and MRA since then and it has stemmed from this injury. I just want to disable it
My Cadillac SRX liftgate came down on me three days ago, didnโt know what was happening.
I am short which might have worked to my advantage but it is very upsetting to see that Cadillac has had complaints, and they knew about the faulty design, this is a safety issue!
I just bought one today, itโs a 2012. So, I have a 13 year old, what if it comes down on him
My 2013 sRK lift gate came down on me and I kept pushing with my back to try and stop it! It all most severed me! It did not stop and I was lucky to escape. Iโm am 5โ2. This is the 3rd time it has happened.
Iโve had this happen to me also and hitting me on the head. Itโs a 2015 GMC Terrain
what year is your SRX?
2012 GMC Acadia. Was โfixedโ in 2016. 2020, having the exact same issue as everyone else. (Funny reading everyoneโs comments, though at the time wasnโt funny when it nearly happened to me) This ish is dangerous.
Is GMC doing anything to rectify this reoccurring issue?
This is horrendous. I have a srx, and in 2016 while packing my car , the the lift gate slammed on my head scalping it from the top to my temple. I was rushed to the emergency hospital and received 12 staples, a concision, sever headaches, and emotional trauma. I still have scares that never healed correctly. Im very upset this was dismissed. please advise.
Kendall Marden
california