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Hyundai Faces Class Action Over Defective Air Bags

Santa Ana, CA: A class-action lawsuit has been filed on behalf of an Ohio couple against Hyundai Motor Company for selling cars with defective air bag sensors that fail to properly distinguish between children and small adult passengers, causing airbags to disable.

Christopher and Nancy Kearney noticed their 2006 Hyundai Sonata would disable the front passenger side air bag when Nancy sat in the front passenger seat. Nancy weighs about 115 pounds. The airbag sensors in her car cannot properly distinguish between an adult the size of Nancy and a child, the suit claims.

The lawsuit includes all 2006 to 2009 Hyundai vehicles, which totals an estimated 1.3 million cars with defective airbags sold to consumers during the three-year class period. Federal laws require front air bags for both drivers and passengers for all vehicles, but the vehicles must also include sensors to determine when children sit in the front passenger seat to either deactivate the bag or deploy it with less force, the suit states.

But Hyundai customers across the country have complained to Hyundai that air bag sensors fail to detect adults weighing up to 130 pounds and deactivate the air bag, putting front-side passengers at risk.

Between 2006 and 2009, Hyundai manufactured, marketed, and sold at least seven different Hyundai models with an "Occupant Classification System" for its advanced airbag system. Hyundai installed advanced air bags in its 2006 to 2009 models including but not limited to Sonatas, Tucsons, Tiburons, Santa Fes, Elantras, Accents and Azeras.

The lawsuit also claims that Hyundai quickly became aware of the issue after hearing from upset owners but failed to disclose the defect to customers and current owners.

The complaint includes several claims against Hyundai including violation of the California Consumers Legal Remedies Act, violation of the California Unfair Competition Law, violation of the Magnuson-Moss Warranty Act and breach of express warranty.

Hyundai Defective Air Bags Class Action Legal Help

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Last updated on Nov-17-09