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Lemon Law Blog

Friday, September 22, 2017

Will Subaru Defense Break the Class Action Windshield Lawsuit?

Q: Should all windshields that break, chip, or crack be considered defective?

Subaru defects attorneys are waiting to see if one woman's hope for a class-action windshield lawsuit against the automaker will be shattered.

After a dealer reportedly refused to repair, under warranty, the cracked windshield in the two-year-old 2015 Subaru Outback she had bought new, the woman filed a class-action suit, alleging “all windshields in all 2015 and 2016 Subaru Outback and Legacy vehicles are defective"– – a tactic Subaru defense attorneys described as “going nuclear" with a breach of warranty claim worth under $1000. Further, some argue that sometimes windshields just crack without there being an underlying defect causing it.

It is noteworthy that Subaru had already extended its warranty for windshields “from 3 years/36,000 miles to 5 years/unlimited miles in certain Legacy and Outback vehicles" and offers replacement windshields if the bottom portion of the windshield, known as the “de-icer area”, is damaged. Subaru attorneys claim that after voluntarily extending the warranty, the lawsuit invokes a feeling that “no good deed goes unpunished”.

Calling it a "kitchen sink" complaint, Subaru attorneys have filed motions to dismiss the class action windshield suit on grounds including that the fraud claims were improperly pled as well as on jurisdictional and other grounds.

In the past two years, Subaru issued auto recalls for certain models of its vehicles, including some Legacy and Outback model years for various safety issues. A May, 2016 auto recall of Legacy and Outback model years 2016-17 was issued for a total power steering failure. Five months later, Legacy and Outback model years 2007-2009 were among some turbocharged models recalled for a fire risk related to “a defective secondary air injection pump relay”.

Will the windshield suit lead to another recall?

If your Subaru has broken it's "love promise" and or any other vehicle is not living up to reasonable expectations, you may be entitled to relief through a lemon law, breach of warranty, or fraud claim.

If you live in Pennsylvania or New Jersey, the Law Offices of Timothy Abeel & Associates can help.  Contact us today for a free consultation.

 


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© 2018 Timothy Abeel & Associates, P.C. | Disclaimer
25 Regency Plaza, Glen Mills, PA 19342
| Phone: 888-830-1474
309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054

301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219

101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068

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25 Regency Plaza, Glen Mills, PA 19342 | 309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054
301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219 | 101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068
Phone: 888-830-1474

888.830.1474