Kia Optima, Sportage Power Window Problems Pose Safety Risk, Class Action Says
Le Beau et al. v. Kia America, Inc.
Filed: August 18, 2022 ◆§ 8:22-cv-01545
A proposed class action alleges certain model year Kia Optima and Sportage vehicles are “defective and unsafe” due to problems with their power window systems.
South Carolina Unfair Trade Practices Act Louisiana Unfair Trade Practices and Consumer Protection Law
California
A proposed class action alleges certain model year Kia Optima and Sportage vehicles are “defective and unsafe” due to problems with their power window systems.
The 44-page complaint says the power window systems of 2016 and 2017 Kia Optima and 2017 Kia Sportage vehicles are equipped with a faulty regulator that can cause the cars’ windows to “malfunction, function intermittently or become non-operational.”
Per the case, the Kia power windows problem poses a significant safety hazard given a vehicle’s windows protect occupants from ejection in the event of a crash and side windows are critical to the operation of side airbags. Additionally, an open window can be vital in an emergency should a vehicle occupant need to escape the car in the event of a crash that leaves the doors unopenable, the filing relays.
Further still, power window problems can pose a risk in certain temperatures given occupants may be exposed to an unsafe interior vehicle climate (in excess of 110 degrees Fahrenheit) that can impair safe operation, the case states. Moreover, open windows that are unable to be shut increase the risk of vehicle theft, the suit says.
According to the lawsuit, the Kia power windows issue stems from “inadequate materials and improper workmanship” in the production of the window system and regulator. The root cause of the problem, the case claims, is that the window regulator drum and gear are prone to separate and/or break. By nature, the defect becomes “increasingly severe” over time, the suit adds.
Although the automaker is “well aware” of the power window regulator defect, and allegedly knew about the problem prior to sale, owners and lessees who bring their Optima and Sportage vehicles in for repair are told that there is no recall or fix, and left to pay out of pocket to address the issue, the lawsuit says. So far, Kia has released at least two technical service bulletins related to the power windows defect, the filing states.
“Class members report paying hundreds of dollars to obtain a repair for one window, and often are forced to pay for multiple window regulator failures at the same time or in close proximity,” the complaint reads.
Ultimately, the vehicles bought and leased by affected Optima and Sportage drivers have not performed as warranted and were “fundamentally different” than what they bargained for, and the consumers have been left with cars that they’re unable to operate safely, the filing argues.
The case looks to represent all owners and lessees of 2016 and 2017 Kia Optima or 2017 Kia Sportage vehicles bought or leased in the United States and its territories.
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