Strong Gas Smell Inside 2022-2023 Nissan Rogue Caused by PCV System Defect, Class Action Claims
Elias et al. v. Nissan North America, Inc.
Filed: April 13, 2023 ◆§ 3:23-cv-00348
A class action alleges the PCV system in 2022-2023 Nissan Rogue SUVs is defective in that fuel seepage can allow strong gas fumes to enter the inside of the vehicle.
A proposed class action alleges the positive crankcase ventilation system (PCV) in 2022-2023 Nissan Rogue SUVs is defective in that fuel seepage can allow strong gasoline fumes to enter the inside of the vehicles.
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In particular, the 37-page lawsuit says that the Nissan Rogue PCV issue allows for fuel to seep through the system’s porous rubber components, which can cause strong gas fumes to emanate from the engine compartment into the vehicle’s interior. Per the suit, the strong fuel odor has been reported to have made some Rogue drivers “physically ill.”
According to the complaint, Nissan has known of the PCV fuel smell problem since at least 2022 yet has failed to adequately fix the issue under warranty. Drivers who complain to Nissan dealers about the strong fuel smell are consistently told there is no repair for the defect, the case states, noting that proposed class members are left to “experience odors when driving their brand new, unrepaired [vehicles].”
“Had Plaintiffs and the Class Members known about the Gas Fumes Defect, they would not have purchased the Class Vehicles, or would have paid substantially less for them,” the suit says, claiming the defect can often manifest within weeks of a 2022-2023 Rogue being driven for the first time.
Nissan began selling the 2022-2023 Rogue around October 2021, when the automaker introduced a 1.5-liter KR15DDT three-cylinder variable compression turbocharged engine to the vehicles, the filing says. Per the case, the VC-Turbo engine was touted by Nissan as “the most advanced engine” the company ever produced in the United States.
Despite this, however, the engines emit gasoline odors that make driving the 2022-2023 Nissan Rogue “unsafe, unpleasant and undesirable,” the complaint claims.
The lawsuit contends that Nissan is obligated to disclose the full extent of the gas fumes defect and cover repair costs for owners and lessees, especially considering the problem poses a serious safety hazard.
The suit alleges Nissan was aware of the PCV gas-fumes defect before the 2022-2023 Rogue hit the market yet failed to disclose the problem to consumers, many of whom have taken to the internet to complain about a strong gas smell on the inside of their vehicles.
To date, Nissan has not recalled the 2022-2023 Rogue to repair the gas-fumes problem or offered drivers suitable repairs or replacement parts free of charge, the case stresses. Additionally, Nissan has not reimbursed drivers who have paid out of pocket to fix their PCV systems, the suit relays.
The lawsuit looks to cover all persons or entities who bought or leased any 2022-2023 Nissan Rogue in the United States.
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