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 husband and I have a 2014 SRX Cadillac. We have had it for 8 years. On August 12th, 2024 he opened the lift gate to put something in the hatch. The lift gate went up and immediately came back down hitting him in the head. He tried to grab hold of something to avoid falling and the lift gate repeatedly hit his right arm until he fell backwards onto the cement garage floor. He was taken by ambulance to the hospital. His back is fractured. He had surgery, the Dr had to put in screws and rods to stabilize his spine. He is now in rehab. We were not told of any recall when we bought the car in 2016. The lift gate has been repaired at my expense at the GM dealer in Apple Valley, MN.
I have a 2012 Cadillac srx, my lifgate will not open at all, just clicks. Not from inside either, canโt use it at all.
I purchased my 2012 GMC Terrain used 4 months ago from local dealership. After a week I had used my power lift gate for the 1st time only to almost be crushed by it. I could hardly raise the liftgate up off me as if it was forcefully closing on me. I was freaked out & at 1st thought maybe the button to auto open/close it was accidentally pushed. That wasnโt the case at all. A week or 2 after that my mom was in the rear of the SUV attachaching a velcro make shift net for the back of rear seats to add stability to items purchased or stored in the rear , when I heard her yell out I ran to her only to see her leg pinned under liftgate . We was able to free her w/ both of us pushing it up. After finding out the past short lived recalls regarding the liftgate issues , Iโm appalled , angered & disappointed in how any agency , judges, manufacturers etc. have handled this. This is no fault of our own. Iโm sick of big business not being help accountable or forced to fix the issue for good, meaning all their vehicles that I have these struts installed or have experienced the problem themselves. Itโs very unsafe & to allow them to cut corners is as if youโre saying itโs OK for them to knowingly allow injuries or deaths occur so they can save a buck or 2 at the our expense. This will not go unnoticed nor will we be silenced. No more.