A BMW engine defect lawsuit claims that BMW M3 vehicles with S65 engines can suffer “catastrophic failure” due to defective rotating assemblies. The defect is alleged to manifest itself during and shortly after the limited warranty period for the vehicles, and the lawsuit claims that BMW has refused to disclose the existence of the defect in many cases. Plaintiffs are seeking damages for breach of warranty, false advertising, and consumer fraud.
If you own an M3 model BMW and would like more information about the BMW engine defect lawsuit, contact Attorney Group to learn more. We provide free, no obligation consultations. We can help answer your questions, and if you decide to pursue a claim we can connect you with an affiliated consumer fraud attorney who can assist you throughout the legal process.
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Why is There a BMW Engine Defect Lawsuit?
According to Law360, the plaintiff filed the lawsuit because the vehicles:
[C]ontain defective rotating assemblies, saying that when the connecting rod bearings and main bearings start to fail, metal debris from the bearings is then circulated through the engine by way of contaminated oil, causing damage to various engine parts. He claims this defect will inevitably cause the engine to fail.
The lawsuit also alleges that, while BMW has long been aware of the engine defect, it has refused to repair without charge vehicles manifesting the defect, has failed to disclose the existence of the defect in many cases, and has in many cases failed to take any action to correct the defect when it manifested shortly outside of the warranty period.
BMW Has Been Deceptive and Acted in Bad Faith, Says Suit
According to the lawsuit, “BMW regularly monitors these NHSTA databases as part of its ongoing obligation to identify potential defects in its vehicles. NHTSA complaints establish that BMW knew, or should have known, of the engine defect at least as early as July 20, 2013.” Moreover:
BMW has evaded its warranty obligations by failing to tell consumers that their vehicles are defective and by representing that the cause of the defect is the owner’s abuse and/or neglect to properly maintain the engine oil and/or engine oil level. This representation, however, is false as the rotating assembly is inherently defective and will inevitably fail.
The plaintiff claims that he and other, similarly situated owners have incurred losses as a result of BMW’s actions that include costs to repair the defect and a loss in the value of their vehicle. The lawsuit also claims that, had owners been aware of the defect, they would have either not purchased the vehicles or paid substantially less for them.
Affected Owners May Be Entitled to Compensation
When car companies fail to disclose defects with their vehicles, they can be liable for the harms that result from those defects. In the case of the BMW engine defect lawsuit, affected owners could be entitled to recover damages for repair costs, the decreased value of the vehicle, fraud in the purchase of the vehicle, deceptive and unfair trade practices, and other damages.
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