Lawsuit Filed Against BMW Over Alleged Sunroof Defect
April 30, 2013

by Jenna Reed, jreed@glass.com

Two BMW owners have filed a lawsuit against the automaker in the U.S. District Court, Central District of California, alleging that the sunroof in several BMW models are defectively designed, allowing water to come in and cause damage.

Attorneys filed the lawsuit on behalf of Walter Chang and Annie Stubbs and allege that the defective sunroofs are a safety hazard due to potential flooding. They claim the cost to repair the sunroofs is "exorbitant." They are demanding a jury trial and seeking reimbursement as well as compensatory, exemplary and statutory damages, including interest. They are seeking class action status for owners in Florida and California.

"In addition to the safety hazards, the costs of the sunroof defect to consumers can be and often is exorbitant because consumers have been and will continue to be required to pay thousands of dollars both to diagnose and repair the damages caused by the sunroof defect," according to the complaint.

"Additionally, the presence of the sunroof defect in the class vehicles has resulted in the vehicles having diminished value, thereby depriving plaintiffs and the class members of the benefit of the vehicle (and its value) that they paid for," the complaint continues.

Attorneys also allege that BMW has been aware of the issue from 1999, "but routinely denies consumers' requests for reimbursement of the expenses incurred in connection with the sunroof defect."

Chang is a California resident who purchased a used 2006 BMW 530XI in December 2006.

"In February 2010, Chang's BMW experienced water intrusion as a result of the sunroof defect," court documents say. "Chang took the vehicle to a BMW dealer in Mountain View, Calif., complaining of flooding. BMW of Mountain View advised Chang that the warranty applicable to the Chang vehicle has expired and that BMW would not offer Chang any remedy with respect to the water intrusion."

Chang claims he took the vehicle to an independent repair facility but again experienced damage in November 2010. All costs to have the sunroof repaired were paid for out-of-pocket.

"BMW refused to pay for or reimburse Chang for the cost of these repairs," the complaint claims.

Meanwhile, Stubbs is a resident of Florida, who purchased a new 2008 BMW 535I in 2008.

"In September of 2012, the Stubbs vehicle experienced water intrusion as a result of the sunroof defect," the complaint alleges. "Stubbs, in the connection with repair of the Stubbs' vehicle, was advised that the warranty had expired and was compelled to pay for the cost of the repair of the damage caused by the sunroof defect."

Again, BMW refused to reimburse for the costs incurred, the court documents claim.

According to the court documents, "BMW knew or should have known that the class vehicles were defective and not fit for their intended purpose of providing consumers with safe and reliable transportation. Nevertheless, BMW actively concealed and failed to disclose this defect to the plaintiffs and the class members at the time of purchase or lease and thereafter."

The class vehicles listed in the lawsuit include "all BMW E53 model vehicles (also known as model-year 2000-2006 BMW XS vehicles) equipped with panoramic sunroofs," according to court documents. "All BMW E60 and E61 model vehicles produced up until November of 2008 (also known as model-year 2003-2010 BMW 5 Series Vehicles) equipped with sunroofs; all BMW E65 and E66 model vehicles (also known as model-year 2001-2008 BMW 7 series vehicles) equipped with sunroofs; all BMW E70 models vehicles produced up to March of 2009 (also known as model-year 2006-2013 BMW XS vehicles) equipped with sunroofs; all BMW FOl and F02 model vehicles produced up to December of 2008 (also known as model-year 2008-2013 BMW services 7 vehicles) equipped with sunroofs; all BMW E71 model vehicles produced up to March of 2009 (also known as model-year 2008-2013 BMW X6 vehicles) equipped with sunroofs; all BMW E83 model vehicles produced up to June of 2009 (also known as model-year 2003-2008 BMW X3 vehicles) equipped with sunroofs; and all BMW E91 sport wagon vehicles produced up to March of 2009 (also known as model-year 2004-2011 BMW 3 series sport wagons) equipped with sunroofs."

At press time, BMW has not yet responded to the complaint. The lawsuit does not specify which company made the sunroofs.

Prior to trial, the court is requiring the parties discuss the situation through alternative dispute resolution and try to find a settlement on their own.

This story is an original story by AGRR™ magazine/glassBYTEs.com™. Subscribe to AGRR™ Magazine.
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