Nature Of Action:
This Class Action arises out of the Defendant’s deceptive claims about the safety of its EyeSight Driver Assist.Technology and the public hazard it imposes in real world driving conditions.
At issue are the defects in the design, materials, manufacture, workmanship and installation of the components used as well as the code underlying the algorithms which control the various systems.
While Subaru has been fully aware of the defects in the EyeSight Driver Assist Technology, it actively concealed the existence and nature of the defects from the Plaintiffs and customers at the time of purchase, lease, repair, and thereafter.
Subaru and its authorized dealers have been inundated with complaints regarding the defects. When customers present their vehicle to to a Subaru dealer for repairs to the system, rather than repair the problem under warranty, Subaru has instructed dealers to deny the defects exist and in so doing breaching their warranty.
To this day, Subaru still has not notified its customers that the EyeSight Driver assist Technology suffers from systemic defects that causes the driver assist systems to malfunction, to the detriment of the safety of drivers, passengers, and the general public.
Status Of Subaru Lawsuits:
A Class Action was filed against Subaru on 4/27/2021.
The Class Action is open to all individuals residing in the United States of America including its territories, who purchased or leased any model year 2013-2021 Subaru vehicle equipped with either Autonomous Emergency Braking system and/or Lane Keep Assist system.
Excluded from the Class are:
- Defendants, any entity or division in which Defendants have a controlling interest, and their legal representatives, officers, directors, assigns, and successors;
- the Judge to whom this case is assigned and the Judge’s staff;
- any Judge sitting in the presiding state and/or federal court system who may hear an appeal of any judgement entered; and
- those persons who have suffered personal injuries stemming from Subaru’s EyeSight Driver Assist Technology
The Defendant’s in this Class Action include –
- Subaru of America, Inc.and
- Subaru Corporation f/k/a Fuji Heavy Industries, Ltd.
Subaru’s EyeSight Driver Assist Technology comprises two safety features.
- Autonomous Emergency Braking (“AEB”) system. This system includes “Pre-Collision Braking” and “Reverse Automatic Braking.” Pre-collision braking relies on forward facing cameras to monitor the area in front of the vehicle. The Reverse Automatic Braking system relies on 4 ultra-sonic sensors, or radar, to detect objects behind the vehicle. For both systems, if an obstacle is detected, the system is supposed to sound an alarm and flash a warning, and then activate the brakes if the driver does not do so.
- Lane Keep Assist (“LKA”) system. This system utilizes forward looking cameras that are supposed to monitor the road for lane markings and sounds an alarm should the vehicle stray over the lines or sways between them.