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
I have a 2015 GMC Terrain. The tail gate came down on the middle of my back.
My 2013 sec tailgate will not open
My gate does not open and prior I had to hold it open and it would start closing on me. 2011 srx
My 2010 SRX has a faulty hatch. Itโs a shame I bought it thinking I had trunk room to find out after a week it just stopped working.
my tailgate is open when i get up in the mornings ๐คทโโ๏ธ seems my sunroof is leaking too? any Coincidences?
2010 srx. Come out in morning and the lift gate is open. Itโs happens about 5 times now. Have you to turn off to make it stay closed.
I have a Cadillac srx and my liftgate is doing the same thing, BUT WITH THESE COMMENTS ALONE WE HAVE ENUFF PEP FOR A CLASS ACTION, SO LETโS DO IT AND GET OUR CARS FIXED AND WHOEVER ALREADY PAID GET REIMBURSED, WE PAY ENUFF FOR THESE โLUXURY CARSโ WE DONโT DESERVE THIS, SO WHOS IN?? BTW
Same thing is happening with my 2015 GMC Terrain. Nearly knocked me out it hurt so bad. Has there been any solution?
My 2014 SRX lift gate came down on my head today 5-25-22 ,and Iโm just finding out about this problem today online.
2014 SRX lift gate opens and after short time starts to close. It can down on me and I was able to get out alive. Car was hit in the back right side and after repaired they said to see dealer and find out if the accident caused the problem. The power pump is in the back where the accident accrued.