Louis v BMW of North America, LLC
BMW X5s May Deploy Airbags Unexpectedly
A class action has been filed against BMW of North America, LLC, on behalf of thousands of 2001-2004 BMW X5 owners nationwide, who allege that the sport utility vehicles have defective air bags which can deploy for no reason, and that the company requires owners to sign confidentiality agreements before performing free repairs. The suit further claims that the confidentiality form violates Florida's 1990 Sunshine in Litigation Act barring secrecy about public hazards. The action seeks remediation of the design flaw, an order forcing BMW to admit the problem, and reimbursal of all repair costs customers have paid.
The lawsuit, filed by Yvonne Louis and her daughter, Lizette Vale, both of Miami, alleges Vale was driving their 2001 X5 on April 19, 2004, when the driver's side air bag and head protection system, or HPS, deployed with a loud explosion. There action alleges that there was no accident, pothole, or other impact that could have caused the airbag to deploy when it did. Vale alleges that she suffered a chemical burn on her left arm when the driver's side airbag deployed. When she took her car to the dealer, the dealership allegedly told her it would cost her over $3,800 for repairs if she didn't sign a confidentiality agreement.
When she called BMW customer relations, the company apparently agreed to repair the airbag-- in return, she was allegedly asked to sign some papers and send them back to BMW. When she received the papers, it turned out that they were the very release and confidentiality agreement that she had originally refused to sign. She refused to sign the papers, got the car repaired on her own, and filed this lawsuit against BMW.
BMW joined the luxury sport utility vehicle ranks in the 2000 model year with its X5, a car-based model created to challenge the Infiniti QX4, Lexus RX 300 and Mercedes-Benz M-Class. Equipped with permanently engaged four-wheel drive, BMW deems the X5 suitable for "any road, any time, any reason," but it wasn't really intended for use as a true offroad vehicle. Instead, BMW calls the X5 a "sports activity vehicle."
