A defective product class-action lawsuit was filed on November 25, 2013 in U.S. District Court for the Central District of California, claiming that Hyundai’s Tiburon model from 2003 through 2008 contains a dangerous safety defect in the side air bag system.
According to the lawsuit, the alleged defect is caused by Hyundai’s placement of the Tiburon’s side impact sensor in a remote inboard location. Due to its location, it is unable to be recognized in many types of crashes when the deployment of an air bag would be necessary to prevent serious injury or death.
The suit claims that Hyundai’s own testing determined that the inboard location Hyundai chose for the side impact sensor made it difficult to detect the severity of a crash in simulated collisions. Had the sensor been placed on an exterior location on the B pillar of the vehicle, a clear signal would have been provided, which would have enabled the system to detect whether an air bag was warranted, within an appropriate time frame.
It was also stated that Hyundai manufactured and sold Tiburons with the alleged defective side air bag system through 2008, when they discontinued the model.
The lawsuit accuses Hyundai of violations of the California Consumer Legal Remedies Act and California Unfair Competition Law, Breach of the Implied Warranty of Merchantability and Fraudulent Concealment.
If you have questions regarding Hyundai’s Tiburon model feel free to contact one of our Gacovino Lake attorneys for more information at 1-800-246-HURT (4878).