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A class action lawsuit has been filed against Mercedes-Benz USA by eight customers who allege that the vehicles contain a defect in the headrests which compromises the safety of the occupants.
The plaintiffs claim that an “active head restraint” (AHR) is implanted in the headrest which is supposed to spring forward if the car is involved in a rear-end collision.
The AHR is designed to catch the occupant’s head and prevent whiplash. The AHR on the Mercedes is known as the NECK-PRO.
The Mercedes class action lawsuit states that, under normal conditions, the NECK-PRO can deploy without having an impact from a collision and hit the back of the occupant’s head.
“The force of the impact not only causes serious bodily harm to the head and neck, but also creates a risk of collision when the headrest deploys—suddenly and without warning—while the vehicle is being driven,” the plaintiffs say.
The Mercedes class action lawsuit notes that there is a plastic piece that is inside the AHR that fails prematurely. The plaintiffs say that this piece is made of an “inferior and inexpensive form of plastic which cracks and breaks down prematurely under the constant pressure exerted by the springs in the AHR.”
The plaintiffs allege that there are at least hundreds of thousands of vehicles equipped with the defective plastic piece and there is no warning as to when the AHR in the headrest will deploy.
The Mercedes class action states that the defendants knew about the safety defect when customers started bringing in their vehicles into dealerships and from looking at consumer complaints that were filed with the National Highway Transportation Administration.
In addition, the plaintiffs maintain that Mercedes was “intimately involved” with the testing and design of the AHR systems and were aware of the inferior plastic being used in the headrests.
“Despite this knowledge, Mercedes nevertheless approved the defective AHRs for use in its vehicles and denies that this defect exists,” the Mercedes class action complaint argues.
The plaintiffs state that regardless of knowing the dangers caused by the defect in the headrest, Mercedes has not taken any action to fix the problem and still sell cars that have the defective NECK-PRO. In addition, Mercedes reportedly hasn’t issued a recall on the defective part or contacted vehicle owners to apprise them of the defect.
To be sure, Mercedes has refused to cover the costs of replacing the defective AHRs after they deploy and, in fact, blame the customer and deny any responsibility for the defective part, the plaintiffs say.
In addition, the Mercedes class action lawsuit states that the defendant hides the defect in the AHR by blaming the spontaneous deployment on other problems with the car.
“Mercedes has at all relevant times, been aware of the true issue: the AHR was designed with an inferior, inappropriate, and inexpensive plastic component that breaks under the tensed force of the springs,” the plaintiffs state.
Potential Class Members in this action include: “All persons in the United States who currently own or lease, or who have owned or leased, one or more vehicles manufactured by Mercedes, or any of its subsidiaries or affiliates, which are equipped with headrests containing the defective AHR.”
Have you experienced the AHR suddenly deploying? Share your story in the comment section below.
The plaintiffs are represented by Benjamin Widlanski, Harley S. Tropin, Gail McQuilkin, Rachel Sullivan, and Robert J. Neary of Kozyak Tropin & Throckmorton LLP, George Franjola of Gilligan Gooding Franjola & Batsel PA, Jack Scarola of Searcy Denney Scarola Barnhart & Shipley PA, and Michael Burger of Santiago Burger LLP.
The Mercedes Active Head Restraint Class Action is Lewis, et al. v. Mercedes-Benz USA LLC, et al., Case No. 9:19-cv-81220, in the U.S. District Court for the Southern District of Florida.
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79 thoughts onMercedes Class Action Says Active Head Restraints Suddenly Deploy
My front passenger headrest deployed all of a sudden yesterday afternoon. I have a 2012 GL450. I was not involved in any accident. The headrest itself is over $300, not counting labor. I would like to be added to this class-action! Who can I contact?
Add me please.
Add me please. I have a 2008 C300
Add me please
PLEASE ADD ME TO THE CLASS ACTION SUIT
On 15 May 20, I attended a scheduled 9:00am appointment at Mercedes-Benz of Covington 8080 Westshore Dr. Covington LA 70433, phone number 985 900 1212. I was there on a “safety recall notice” to have the Takata Airbags on the driver and passenger side replaced. The postcard that I received from NHTSA ( National Highway Traffic Safety Association) said that the repair would take approximately 90 minutes.
I decided to wait at the dealership for completion of the repairs. At 12;30, the service advisor advised me that the service was done and had me sign the work order which was approximately $540 which was covered by warranty. She said that she would drive the car to the back of the property to have it washed. A short time later, the car was driven to the service area delivery. The service advisor then gave me the keys and said everything was done and I was free to go. She did not walk me to my car which I thought was somewhat unprofessional and odd.
As I entered my car, I noticed that the driver’s side head rest was deployed. I have never seen this before. I reported the deployment to the service provider who informed me that she would speak to the dealership manager. I then spoke to the dealership service manager who informed me that I was somehow responsible for this deployment and I would have to pay the cost of replacement. I disagreed and stated that this deployment had to have happened during the repair of which i was never informed. The manager said that the ONLY way it could be deployed was during a rear-end collision; however the car has no history of such an accident. I protested the manager’s diagnosis at which time he remarked that the deployment must be the result of a “miracle.” He also stated that headrest could be replaced at my cost.
I researched this “deployment” and discovered that it has happened to others to the point of civil action. I would be glad to provide this evidence to your case. For further information, contact Don Amos 46095 Kate St. Hammond LA 70401 ph#9859743298
Please add me my headrest deployed today I almost had an accident when it deployed
while I was driving yesterday, my passenger side head rest deployed. I was the only one in the car when I heard a snap. I was driving so I know I hadn’t done anything when o looked over to find a black piece in the back seat and the head rest deployed. Like Gabriella, I looked at the YouTube video, but that only works if nothing is broken. Need to be added to class action suit as MB realizes this error and doing nothing about it, like recall
Had my headrest deploy today!! Tried to follow all of the youtube tutorials to pop it back in but the plastic pieces are broken!!!
While I was driving yesterday, my head rest on the passenger side deployed.
PLEASE ADD ME. MY PASSENGER HEAD REST DEPLOYED YESTERDAY WHILE DRIVING. I TOOK TO “STEALERSHIP” THEY QUOTED ME $800 parts labor and the mysterious ship fees – straight robbery!!!!!
I just had both headrests deployed today 2014 c250. We hit some debris that fell from a truck and felt the impact on my neck when they deployed. My understanding is that these are supposed to work in rear end impact and that was not the case today.
I can’t see which Mercedes years and models are affected. Is there a list somewhere… We own 2 Benzes!