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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had a very bad head on crash the whole front end was at my dash board i fracture ribs and other injuries had seatbelt on which im sure saved me however dont think would gotten all the fractures if airbag had deploy
Posted by Newt Scott SR
on
we just had large deer jump out in front of our 2011 accent soved in the front end to the point of the passanger door would not open folded up the hood and crushed the radiator and ac cooler against the motor and no airbag deployment tonight had the car towed back to our ranch we lived oh well
Posted by Albert Mauro
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2004 Honda Santa Fe am I driver side airbag the ployed on me about a week and a 1/2 ago On being told that there is no recalls for them what is my option
Posted by Shekia
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I recently bought my 2013 Hyundai Elantra march 2017. I got into an accident November 20th 2017 where the other driver ran into me from the back going at least 60 mph. I hit the truck in front of me & the whole hood is pushed up. My airbags did not deploy is there a case here ?
Posted by Tammy Pritt
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OCT 2017
2013 Hyundai Sonata involved in a head on crash after the other driver failed to yield at a stop sign then turned into my lane. Extensive front end damage totaled the car. Air bags did not deploy.
Posted by Teresa Gibson
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I had an accident in my 2014 Hyundai Santa Fe and none of my air bags deployed and I was on the freeway doing about 70 miles an hour.
Posted by Carol Bruyere
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I was in an accident with my 2013 Hyundai Elantra 2 weeks ago, insurance is doing nothing other than dealing with major scar on my face. I am still driving the loaner from Aviva Insurance. Not sure what I should do next. I am a widow and live alone. This is a very confusing time for me as not only did I suffer facial scars, but have whiplash and a slight concussion. Had the airbags deployed as they should have, I would not be suffering through this scar and follow-up major facial plastic surgery.
Need some assistance.
Thanks so much
Carol
Posted by Mike
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I have a 2012 Hyundai Accent I bought bran new and in 20114 had a accident, I was hit in the drivers side front the impact from the side broke my left caller bone, The side air bag never deployed, I still have the car. Also didn't know there was a lot of problems with motor timing belt Ya I could of had my neck broken.
Posted by Philipp
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I was in a wreck as a passenger in a Hyundai Elantra in Feb 1998 and the passenger airbag did not deploy. I sustained many injuries, mostly facial, and continue to have lingering effects from the injuries. Is there a time frame or statute of limitations on having a case?
Posted by Ria Northbay
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This is the third time I have airbag sensor problems. I believe they now have to buy the car or replace it with another of the same mileage and condition?
Posted by Tijain Starr
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I was in a accident on Dec. 30 2015. I've been lokking on line cause my airbag never deployed. Well my car is a Hyundai Elantra 2013 and looked and seen that it was recalled. I brought my car in May of 2015 and was never told that my airbag was recalled for defect of same year I brought it. Well my airbag never opened and I hit my head on steering wheel and car was totaled. I could have died from accident. I'm unhappy that Hydudai sold me a car that they never fixed airbag or notified me to bring it in for repair. It stated when car gets hit on side that airbag won't open well that's what happened to me. I would like to know if I have a case. I do live in NJ.
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