Consumers, represented by law firms Hagens Berman Sobol Shapiro LLP and Stein Mitchell Muse & Cipollone LLP, have filed a class-action lawsuit claiming that Hyundai Tiburon model years 2003 through 2008 contain a dangerous safety defect in its side air bag system.
According to the lawsuit, the alleged defect stems from Hyundai's placement of the Tiburon side impact sensor in a remote inboard location where it is unable to recognize many types of real world crashes in which an air bag should be deployed to prevent serious injury or death.
The suit, filed Nov. 25, 2013, in U.S. District Court for the Central District of California, claims that Hyundai’s own testing established that the inboard location the company chose for the side impact sensor had difficulty detecting crash severity in simulated collisions, whereas a sensor on an exterior location on the B pillar of the vehicle provided a robust signal enabling the system to detect in a timely manner whether an air bag was warranted.
Hyundai manufactured and sold Tiburons with the allegedly defective side air bag system through 2008, when it discontinued the model.
The suit 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.
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