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July 22, 2019 05:16 AM

Automakers, TRW face U.S. lawsuit over airbag system

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    Six automakers and supplier TRW face a U.S. federal lawsuit seeking class-action certification over defective airbag control units.

    The complaint, filed Monday in U.S. District Court for the Central District of California, claims the automakers and U.S. supplier TRW, acquired by Germany's ZF Friedrichshafen in 2015, concealed airbag defects from consumers.

    The automaker defendants in the suit include Kia Motors America, Hyundai Motor America, Fiat Chrysler, Mitsubishi Motors America, American Honda Motor and Toyota Motor U.S.A.

    Kia, Hyundai and ZF TRW face another federal suit over the same issue filed April 29 by California law firms Lieff Cabraser Heimann and Bernstein, and Baron & Budd.

    The most recent lawsuit claims the airbag control unit can "seize-up" during an accident, causing airbags to fail to deploy and a seat belt lock failure.

    MLG, a California law firm, and Kaplan Fox and Kilsheimer, of New York, filed the suit on behalf of six plaintiffs who say they would not have bought their vehicles or paid less for them if they had known about the airbag control unit defect.

    The lawsuit lists more than 50 models from Acura, Honda, Dodge, Jeep, Ram, Hyundai, Kia, Mitsubishi and Toyota as containing the defective unit.

    "I think this is the beginning of what we saw with Takata," Jonathan Michaels, an attorney for MLG, told Automotive News. "I think this is going to be a very large issue."

    Federal courts set a multidistrict hearing for the multiple lawsuits regarding the airbag control unit defect for July 25 in Portland, Oregon, Michaels said.

    NHTSA would not comment but confirmed an ongoing investigation into ZF TRW airbag control units.

    In April, NHTSA expanded the investigation related to ZF TRW airbag control units to include 12.3 million vehicles by the same companies named in the lawsuit.

    "The airbag control unit that's made by ZF TRW is in more than just the 12.3 million cars." Michaels said. "We expect to see that number rise pretty significantly."

    Reports of fatalities

    NHTSA complaints provided by Michaels show 13 fatalities associated with airbags failing to deploy in vehicle models listed in the suit.

    The office of defects investigation at NHTSA identified one fatal crash "involving Toyota products" in which the same issue was suspected as the cause of the airbag not deploying. The April report said the airbag control unit could not be read with an event data recorder after the crash. Toyota said in an email to Automotive News that it is cooperating with NHTSA's investigation.

    "In 2018, Hyundai recalled approximately 580,000 2011-2013 Hyundai Sonata and 2011-2012 Sonata Hybrid vehicles to address potential circuit damage to the ZF ACU electronics that can occur during an accident," an emailed statement from Hyundai said.

    "Hyundai has conducted an extensive evaluation of this issue and we are confident we have recalled every Hyundai vehicle with ZF TRW ACUs that are susceptible to electrical overstress. The safety and security of Hyundai customers is our highest priority and we promptly conducted this recall when we identified the defect trend."

    Kia, Honda, Toyota, FCA and ZF TRW all separately declined to comment on the pending litigation.

    Mitsubishi did not respond to requests for comment.

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