Lawsuit filed against BMW
by Associated Press
posted Jul 21, 2004

MIAMI -- BMW X5 sport utility vehicles have defective air bags that deploy for no reason, and the German carmaker's U.S. subsidiary requires owners to agree to secrecy before performing free repairs, a driver claims in a lawsuit seeking national class-action status.

Lisa Vale said she suffered a chemical burn on her left arm when the driver's side bag exploded with a blinding puff of white powder as she was driving on a busy thoroughfare south of Miami in April.

Her 2001 SUV was still under warranty, but the dealer who sold her mother the $58,000 vehicle planned to charge her $3,840 for repairs if she refused to sign the confidentiality agreement, she said. She balked, took the X5 to another dealership for less expensive repairs and sued Friday in Florida state court in Miami-Dade County.

Her attorneys called a news conference Wednesday to announce the lawsuit covering the 2001-2004 model years as they were providing a copy to BMW of North America LLC, based in Woodcliff Lake, N.J.

"There's no problem with air bag deployment in these vehicles that we're aware of," company spokesman David Buchko said. He said there was evidence of impact damage on Vale's SUV, and he had no comment on the request for confidentiality.

Vale's attorneys denied the SUV had impact damage.

The lawsuit seeks money for the cost of repairs, towing, depreciation, lost use of the vehicle and lost personal time. It also seeks court orders to force BMW to honor its warranties, inspect air bags, perform any needed repairs, ban the confidentiality agreements and cancel any signed agreements.

"I used to love my car, don't get me wrong," Vale said. "But I don't feel safe any more." She borrows her boyfriend's car for most of her driving.

Ervin Gonzalez, one of Vale's attorneys, said the lawsuit could potentially cover thousands of BMWs nationally. Vale said a technician at the first dealership said he handled improper deployments on her model two to three times a week. Gonzalez said federal records disclosed two similar complaints.

"They're putting profits over people because what happens if this goes out? Sales suffer," Gonzalez said, noting BMW markets the X5, which is equipped with five air bags, as a safe SUV.

Vale's attorneys contend the confidentiality form violates Florida's 1990 Sunshine in Litigation Act barring secrecy about public hazards and the company is violating a state law banning deceptive business practices.

BMW ordered two recalls to reprogram side air bag controllers on its 3-Series cars built between 1998 and 2001. Federal regulators opened an investigation in 2002 after reports of 41 injuries, 265 complaints and 212 warranty claims.


Link HERE

 

The arguement by BMW that sales will suffer is pure B.S......they are already suffering thanks to Chris Bangle and his recent designs.
Other than that, I'm afraid that BMW has got the upper hand here, especially if they can prove with HONEST photos that her X5 had front impact damage. Most airbag sensors are set to go off at an impact around 14 MPH or so...in a head-on impact. These sensors are plated with pure gold ( yes, I'm serious ) to ward off corrosion for the 10 years that are expected (and required) to function...that is onereason they are so expensive.
And a "confidentiality " agreement ?.....give me a f---ing break. It is ALREADY all over the Internet and in the forums...otherwise we wouldn't be reading and commenting on it here.
So, as the plantiffs, the burden of proof is on Vale and her lawyers. They are going to have to prove to a jury..or a judge... that BMW has produced a defective product. Under the law, as the defendants, BMW gets the benefit of the doubt. This isn't going to be just a simple case of " Well, I just don't like the way the Chris Bangle cars LOOK". I myself have sat on auto-accident civil caes juries.

 

This is no joke. My best friend in New York actually had this happen to him.
This was his second X5 the first car the dealer had to take back due to Lemon Law.
They could not fix the same problem (I think it was ignition or something) three times in a row. He is on several different medications due to being constantly dizzy. The Air bag blew up for no reason in a parking lot as he was reaching for his briefcase. Hit him in the side of the head almost decapitating him. It’s really F__KED UP! He is only in his thirties and has to be taking all these meds for dizziness and sh_t. He has two young children. He is sewing the Car dealer and BMW of America. So what, like BMW can’t afford the best lawyers on the planet. Even if he does win some money nothing replaces your health. Life and Health are more important then anything money can buy you

 

It's all nothing to the car manufacturers till someone gets hurt. and your friend did. He could sue the S*** outta BMW because having permanent head damage due to a faulty sensor that was documented as faulty BEFORE is serious stuff. I'm sorry to hear that about your friend, but if I bought one car and it was taken due to the Lemon Law, I would have trouble buying the same car again.

James

 

Good thing my mom got rid of her X5 last year.

 

Ford had a similar issue on the 2nd gen F150s, the airbag ECM was close to the passenger door, so if someone slammed on the door hard enough, the driver would be greeted with a bag full of hot gas. And airbag systems are critical safety devices, but stuff like this can happen. Can I say manufacturing defect?

 

The problem, Jet, is that it is going to be difficult to prove that the sensors are...or were....defective. Like you, I feel sorry for the injured party here, but I'm just trying to be realistic.....especially if there are impact marks on the front end, which the two sides here don't even agree on. Obviously, even if there ARE marks on the front end of the vehicle, the question arises....how did they get there? Did they happen because an impact set off the air bag?.....BMW will probably claim this. Or did they happen because the bag went off in Vale's face inadvertantly and she hit something because she was blinded?....her attorneys will probably claim this. Or, were the marks deliberately put there by one or both parties in this dispute to try and bolster their case? This, of course is unethical, but unfortunately sometimes happens. As I have stated, the burden of proof is going to be on Vale and her attorneys, not BMW.
The manufacture of air-bag sensors is a very precise system, with expensive materials and painstaking testing processes.

 

I tell yah BMW is are having some serious issues, a good friend of mine returned his brand new off the showroom floor 4.6 about 4 months ago (way too many problems) turned around and ordered the 4.8 got it about ohh maybe a month, and guess where its at as I type this, yup at the dealer being worked on due to some recall. I just don't know why he insist given the rep of BMW's, after the first car that would be it for me.

 

I could see in her case where they can claim that the car hit something and the air bag deployed.

In my friends case the CAR WAS PARKED, ENGINE OFF. He had already steped out of the car and reached back to get his briefcase when the thing exploded into the side of his head!

 

Make me glad I own a LEXUS.