Class Action Says Mercedes Panoramic Sunroofs Prone to Unexpected Shattering
Bolling v. Mercedes-Benz USA, LLC et al.
Filed: February 14, 2023 ◆§ 1:23-cv-00671
Mercedes-Benz faces a class action that alleges the panoramic sunroofs of certain vehicle models are prone to unexpectedly shatter, causing shards of glass to rain down on drivers and passengers.
Georgia
Mercedes-Benz faces a proposed class action that alleges the panoramic sunroofs of certain vehicle models are prone to unexpectedly shatter, causing shards of glass to rain down on drivers and passengers.
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The 43-page lawsuit claims the automaker has been aware of the alleged defect for over a decade yet continues to sell and lease thousands of affected vehicles without warning consumers of the sudden and dangerous sunroof explosions that can occur under ordinary driving conditions, which drivers compare to the sound of a gunshot or bomb.
The case contends that the shattering defect, allegedly caused by the company’s failure to meet the “engineering challenges” associated with panoramic sunroofs, may be present in every Mercedes vehicle equipped with a panoramic sunroof, including the following models:
- 2011-present C-Class;
- 2014-present CLA-Class;
- 2011-present E-Class;
- 2011-present GL-Class/GLS-Class;
- 2011-present GLK-Class/GLC-Class;
- 2012-present M-Class/GLE Class;
- 2015-2017 Mercedes Maybach S-600;
- 2011-2012 R-Class;
- 2011-present S-Class;
- 2011-2019 SL-Class; and
- 2013-2020 SLK-Class/SLC-Class.
The plaintiff, an Alabama consumer, says she purchased her 2019 Mercedes GLE43 Coupe in April 2021 based on the belief that her vehicle would be “safe, reliable, and free of defects” since neither an inspection performed by the Mercedes-Benz dealership, nor any information provided to her by a dealer representative, revealed the presence of a defect. However, the plaintiff claims her sunroof spontaneously shattered and sprayed glass over her and her fiancée while driving on the highway in February 2022.
Even worse, the filing alleges, Mercedes systematically denies warranty coverage to vehicles that experienced the shattering issue, even though the automaker advertises that the basic warranty for new vehicles is for “4 years/50,000 Miles” and covers “any repairs or replacements necessary to correct defects in materials or workmanship.” According to the complaint, consumers are forced to pay out-of-pocket to repair their shattered sunroofs because Mercedes concludes that the damages are the result of impact from roadway objects, such as rocks.
The case argues that this explanation, which contradicts drivers’ reports, is “incomplete, speculative and pretextual” given that the shattering events are caused by a “design, manufacturing and/or materials defect.” The case contends that the issue partly stems from Mercedes’ use of thinner, tempered glass to make its sunroofs, unlike other manufacturers that use laminated glass containing two panes fused by a sheet plastic, the filing contends.
“Thinner glass, however, is very difficult to temper properly (especially when thicknesses are 4mm or less) as the compressive layers are thinner, increasing the probability for the glass to be compromised and result in catastrophic failure,” the suit explains. “A scratch or flaw created during the manufacturing process can result in progressive damage such that once the damage creeps into the compressive layer the entire sunroof shatters.”
Per the complaint, the ceramic paint Mercedes applies to its panoramic sunroofs, which is the “black band” along the edge of the sunroof, is an adulterant that weakens the structural strength and integrity of the glass before it is tempered. The lawsuit says that since panoramic sunroofs are wider and longer than conventional sunroofs, they contain a larger ceramic paint area, making the glass weaker and, thus, more likely to explode.
As a result, the sunroofs “are unable to withstand the stress – pressures and flexing that the sunroof frame and vehicle demand – present under ordinary driving conditions,” the case states. “The consequence is that under ordinary driving conditions, and in some instances when the vehicle is parked or not otherwise in motion, the glass spontaneously shatters.”
The complaint charges that Mercedes, as an experienced manufacturer, has “known or should have known” of the defect since at least 2011 based on data collected from pre-sale durability testing. Beyond its testing results, a high volume of consumer complaints, replacement part sales and warranty claims, high sunroof failure rates, and analysis of customer surveys have alerted Mercedes to the defect, the suit says.
Manufacturers who have had vehicles with similar panoramic sunroof problems, including Audi, Hyundai and Nissan, have voluntarily initiated safety recalls, but Mercedes has failed to follow suit, the case adds. To make matters worse, Mercedes’ inaction persists even after the automaker was hit with class action lawsuits in May 2018, June 2020 and February 2021 over the panoramic sunroof defect, the case contends.
The lawsuit looks to cover anyone in the United States who purchased or leased any of the above-mentioned Mercedes-Benz vehicles through the date of class certification.
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