— A class action lawsuit against BMW for coolant leaks was dismissed after two plaintiffs claimed that the coolant hoses ruptured during normal use of the vehicles.
Cracked and damaged coolant hoses can leak coolant and cause engine overheating, stalling, and failure.
The BMW coolant leak lawsuit involves the following vehicles in California:
2017-2021 BMW 230i
2017-2021 BMW 320i
2017-2021 BMW 330i
2017-2021 BMW 430i
2017-2021 BMW 530i
2017-2021 BMW 540i
BMW allegedly failed to warn customers about the coolant hoses and the risk of engine overheating.
One plaintiff said he purchased a used 2017 BMW 530i from a California dealer in October 2020. In August 2021, he discovered a coolant leak and the low coolant warning light came on.
The repairs were performed at a BMW dealership free of charge under the terms of the warranty.
But in November 2022, the low coolant warning light came on again, and the dealer said the coolant hose was faulty. The BMW was no longer under warranty, so the plaintiff claims he had to pay about $2,000 in repairs.
Then in May 2023, the low coolant warning light came on again and the dealer said he would have to pay for the repair. The plaintiff claims he had to pay another $2,000 for the repair.
BMW coolant leak class action lawsuit dismissed
BMW filed a motion to dismiss, refuting the allegations and claims in the class action lawsuit. The judge did dismiss the entire coolant leak lawsuit, but for one main reason.
BMW told Judge Julien Xavier Neals that the lawsuit did not adequately allege defects and that the class action should be dismissed.
In the BMW class action lawsuit, the plaintiffs argued that “the coolant in such vehicles circulates in a closed, pressurized circuit.”
“Therefore, any defect in the (cooling) system components that results in a coolant leak will cause the class of vehicle to run out of coolant and prevent the engine of the class of vehicle from properly cooling and operating at a safe temperature.”
The plaintiff further alleges that “the coolant lines in the subject vehicles had one or more design and/or manufacturing defects that caused them to prematurely wear at an accelerated rate because they could not withstand the high temperatures within the engine.”
“However, while Plaintiffs allege the existence of symptoms of a coolant line defect (i.e., coolant leakage), they fail to reasonably point to the actual existence of a defect in the coolant line. Plaintiffs have not … allege actual facts that make the existence of a design or manufacturing defect credible.” – Judge Julian Niles
The judge ruled that there was no reason to consider BMW’s other arguments in support of its motion to dismiss.
Although the judge dismissed the BMW coolant leak class action lawsuit, the dismissal was without prejudice, meaning the plaintiffs can choose to change and re-file the class action lawsuit.
BMW coolant hose leak lawsuit has been filed in the U.S. District Court for the District of New Jersey: Shea Armstrong v. BMW of North America, LLC et al..
The plaintiffs are represented by Sauder Schelkopf LLC.
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