COSTA MESA, Calif., Nov. 5, 2019 /PRNewswire/ — MLG, APLC has filed a class action lawsuit against automotive manufacturers Hyundai and Kia for what it calls a “serious defect” with their power window systems. The case, Zachary McCready v. Hyundai Motor America (Case No. 30-2019-01108261), was filed in the Orange County Superior Court on October 30, 2019.
The complaint alleges that Hyundai and Kia vehicles manufactured after 2008 contain a defect with their power window systems that can cause amputation of human fingers, or even possibly death. According to the lawsuit, federal regulations require power windows systems to have a “stop-and-reverse” safety feature that is intended to prevent fingers and hands from being severed by the powerful motors that close automatic windows.
The class action alleges that Hyundai and Kia vehicles have stop-and-reverse systems, but that the power windows greatly exceed the maximum closing force allowable by federal law. According to the complaint, the force of the power windows is so great that vehicle occupants are at risk of losing fingers or hands, and even their lives by getting heads or necks stuck in the closing power windows.
“The situation is extremely troubling,” said Jonathan Michaels, head of the MLG legal team. “There is risk of serious injury, particularly for young children who are in the back of a car and out of direct eyesight to parents who are driving. The guilt a parent would have if something tragic were to happen would be immeasurable.”
The lawsuit claims Hyundai and Kia are aware of the defect, but refuse to issue a recall because of the cost involved in remedying the situation. Under federal law, car manufacturers are required to issue a recall within five days of learning of a defect. The lawsuit seeks an order compelling Hyundai and Kia to fix the power window systems, as well as punitive damages in an amount sufficient to deter future misconduct.
About MLG, APLC
Located in Orange County, California, MLG is a leading firm for protecting consumers from automotive defects. The firm has litigated cases against nearly every major automotive manufacturer in the world, and has been involved in numerous class actions against automakers for malfeasance. Follow MLG on Facebook, LinkedIn and Twitter.