| BMW faces Miami lawsuit over SUV air bags
MIAMI, July 21
(Reuters) - Two Florida women filed suit against BMW's North American
unit on Wednesday, saying defective air bags in the German automaker's
X5 sport utility vehicles can deploy without impact, causing a driver
to lose control.
The lawsuit
against BMW of North America LLC, filed in a state court in Miami,
also alleges the company tried to cover up the problem by making
owners sign secrecy agreements if they wanted the defect fixed under
warranty.
It seeks class-action
status, a legal process by which someone can sue on behalf of a
group of people who suffered similar harm. A judge decides whether
the lawsuit deserves class-action status.
The lawsuit,
filed by Yvonne Louis and her daughter, Lizette Vale, both of Miami,
alleges Vale was driving their 2001 X5 on April 19 when the driver's
side air bag and head protection system, or HPS, deployed with a
loud explosion. There was no accident or pothole that could have
caused it, the suit said.
The suit said
BMW of North America offered to replace the air bag but demanded
Louis and Vale sign a confidentiality agreement "to keep the
problem with the air bags and HPS secret."
"For them
to say 'we want to keep it a secret so we can put profits over people'
is just wrong," plaintiff's lawyer Ervin Gonzalez said.
David Buchko,
a spokesman for Woodcliff Lake, New Jersey-based BMW of North America,
a subsidiary of Germany's Bayerische Motoren Werke AG (XETRA:BMWG.DE
- News), said the company was limited in what it could say because
of the litigation. But he said the company had inspected Louis'
X5 in April.
"According
to our inspection...the vehicle did show some evidence of impact
damage, and that damage could well have triggered the deployment
of the air bag," he said.
Gonzalez said
the National Highway Traffic Safety Administration has had two other
similar complaints of improperly deployed air bags.
Buchko said
he was unaware of any other such complaints. Of the allegation that
BMW demanded secrecy, he said, "Ordinarily a confidentiality
agreement is not part of having warranty work done."
The lawsuit
demands BMW inspect and repair all 2001 to 2004 X5 model air bags.
The X5 has been the subject of several recalls, including one of
164,000 vehicles in January 2003, due to a fault in a brake hose.
The suit also
seeks an injunction to prevent BMW North America from using confidentiality
agreements to "conceal the public hazard of air bags and HPS
that improperly deploy."
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