Subaru Hopes to Dismiss Class-Action Lawsuit Involving Defective Windshields
Automaker Subaru is facing a class-action lawsuit related to allegedly defective windshields. Recently, Subaru asked the judge to dismiss the lawsuit against them citing jurisdictional issues and the failure to state a claim.
The alleged defect in the windshield could affect up to 2.5 million vehicles. The lawsuit alleges that Subaru produced, marketed, and manufactured vehicles with dangerous windshields that could spontaneously crack for what appears to be no reason.
The plaintiffs further contend that Subaru failed to form them concerning the defect and then refused to pay for the cost of replacing the windshield.
Subaru believes that the cause of action is too broad and the allegations are too vague. They hope the judge will dismiss the lawsuit, forcing the plaintiffs to refile with more specific allegations.
Vehicles in the Complaint
According to the plaintiffs, the impacted vehicles were:
- Subaru Forester (2017 to 2020)
- Subaru Outback (2017 to 2020)
- Subaru Crosstrek (2017 to 2020)
- Subaru Legacy (2017 to 2020)
- Subaru Impreza (2017 to 2020)
- Subaru Ascent Family Hauler (2019 to 2020)
The number of impacted vehicles appears to be growing with new names popping up in the list every few months.
The plaintiffs are hoping to recover the cost of replacing their windshields, have Subaru replace the windshields free of charge, or have Subaru buy back the vehicle so that they can replace it. Subaru insists that the language of the warranty does not cover design defects, which is what the plaintiffs are alleging here.
Subaru further alleges that some or all of the plaintiffs named in the lawsuit were not driving vehicles with the allegedly defective windshields.
The presiding judge has yet to issue a ruling on the motion.
Spontaneously Cracking Windshields
The main point of the plaintiff’s argument is that the windshields crack spontaneously on their own in a manner that a reasonable person would not expect. This would likely be a violation of an implied or expressed warranty, but whether or not a design defect can be named under the warranty is a bone of contention here.
As of yet, there are no incidents involving injury to any driver related to the alleged windshield design flaw. All of the requested compensation is related to the loss of the vehicle’s economic value, the cost of replacing the windshield, or a demand to repair and replace the windshield by Subaru.
The NHTSA (National Highway Traffic Safety Administration) has also received numerous complaints from Subaru drivers related to the cracking windshields, but the NHTSA moves glacially slow when it comes to investigating claims and issuing mandatory recalls. As of yet, the NHTSA has not weighed in on the matter and the investigation remains ongoing.
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