A settlement has been reached in the class action lawsuit against car manufacturer Subaru that alleged that the windshields of certain vehicles were prone to cracking.
Under the terms of the settlement agreement, Subaru will extend the warranty of the covered vehicles to eight years with unlimited miles and will cover expenses for the replacement of one free windshield including for car owners who have already replaced the original windshield due to cracking if the repair was done by an authorized retailer or third party.
The settlement terms are limited to owners or lessees, or former owners or lessees, of certain Subaru’s 2015 and 2016 Outback and Legacy vehicles. Subaru successfully reduced the number of vehicles involved in the suit by arguing that other none of the plaintiff members of the class had purchased, leased or owned those other vehicles.
The deadline for consumers to file claims under the class action is Friday, April 23, 2021. There is also a May 14, 2021 deadline for affected consumers to exclude themselves or object to the settlement. The final court hearing on the matter is scheduled for June 11, 2011. Detailed information about the settlement in the case, Khona, et al. v Subaru of American, Inc., can be found here.
The 2019 New Jersey based federal class action alleged that Subaru was “manufacturing, marketing and selling new vehicles with defective and dangerous windshields that were spontaneously and/or unreasonably cracking, chipping and otherwise breaking.” Plaintiffs argued that Subaru sold the cars without informing customers about their potential windshield defects caused by a design flaw in the windshield originating in or passing through the de-icer region causing it to be more susceptible to cracking.
Plaintiffs proffered three potential design flaws: 1) combination of ceramic materials for the black-colored printer perimeter with silver-colored material used for the wiper dicer portion of the windshield; 2) use of “acoustic glass” for the windshields; and 3) thickness of the windshield glass. Subaru argued that design related issue were not a failure to manufacture the windshields correctly and were not covered by the warranty.
The suit was originally filed in October 2019, was amended in November 2019 and was consolidated with three other lawsuits and finally a final lawsuit was added in April 2020.