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Due to potential fire risks in cars, BMW is recalling 1.03 million vehicles worldwide. Heater for PCV may short-circuit.
#BMW #Fire #News
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BMW Engine Fire Accident & Property Damage Lawsuit Lawyers
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주제와 관련된 더 많은 사진을 참조하십시오 Potential fire risk in BMW cars: BMW recalling 1.03 million vehicles worldwide | World English News. 댓글에서 더 많은 관련 이미지를 보거나 필요한 경우 더 많은 관련 기사를 볼 수 있습니다.
주제에 대한 기사 평가 bmw fire lawsuit
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BMW Engine Fire Accident & Property Damage Lawsuit Lawyers
According to a news report posted on abcnews.go.com, BMW has initiated another recall concerning dangerous engine fire risks. The fire recall is the 3rd time BMW has recalled its vehicles for engine fire dangers. This recall involves over 900,000 SUVs and sedans sold inside the United States. This engine fire recall, which was announced on March 3, 2022, involves several 1 Series, 3 Series, 5 Series, X5, X3, and Z4 motor vehicles manufactured and sold from 2006 through 2013. The ongoing engine compartment fire issue could lead to accidents and house fires.
The U.S. National Highway Traffic Safety Administration stated in documents that there the defect could be an electrical short in the “positive crankcase ventilation valve heater.” This heater could overheat and lead to an engine compartment fire.
According to the recall, the fire hazard occurs when the vehicles are being operated or while the vehicles are parked soon after a drive. BMW has reported that the vehicles may still be driven, but the recalled vehicles should not be parked in garages until repaired. BMW did not comment when the company was asked if engine fires had spread to homes or buildings.
BMW also reported that when drivers smell smoke or burning plastic or see smoke emanating from the engine compartment, they are urged to pull the vehicle over, turn off the engine, and leave the motor vehicle.
BMW is still working on a solution to the problem. U.S. BMW spokesperson Jay Hanson stated in an e-mail that the repair and a good parts inventory should happen by mid-2022. Affected vehicle owners will receive a letter concerning the recall around April 25, 2022.
Most of the same motor vehicles were recalled back in 2017 and 2019 for the same engine fire issue. BMW documents state that any owners who had their automobiles repaired for this issue in previous recalls must have their vehicles repaired again.
According to BMW, there have been eight reports of engine fires.
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BMW Recalls Almost 1M Cars Due to Risk of Engine Fires
(Photo Credit: Jeppe Gustafsson/Shutterstock)
BMW 3 Series, 5 Series, 1 Series, X5, X3, and Z4 Recall Overview:
Who: BMW is recalling 917,106 vehicles, many for the third time.
Why: The recall stems from fears a faulty heater in the positive crankcase ventilation system could cause engine fires.
Where: The recall is effective nationwide.
BMW is recalling 917,106 vehicles, many for the third time, over fears a faulty heater could cause engine fires.
In a recall notice posted by the U.S. National Highway Transport Safety Agency (NHSTA), the company says it is recalling many of its 3 Series, 5 Series, 1 Series, X5, X3 and Z4 vehicles model years 2006 through 2013 because the heater for the positive crankcase ventilation (PCV) valve may short circuit.
“An electrical short can cause the PCV valve to overheat, increasing the risk of a fire while driving, or soon after driving when parked,” the recall notice says.
BMW Drivers May Notice Smoke, Plastic Burning Odor
According to the company, the valve heater in the PCV system could have defects and “may not have been produced by the supplier to specifications,” which could, over time, lead to overheating.
The recall notice says that drivers could get a warning of the issue through the illumination of the Malfunction Indicator Lamp. It adds that smoke may be noticeable from the area near the engine compartment and a plastic burning odor may also be noticeable.
This recall expands on two previous NHTSA recalls 17V-683 and 19V-273, for the same issue, which remained unresolved. The company says the fix for the problem is currently being developed.
Owner notification letters are expected to be mailed Apr. 25, 2022. Owners may contact BMW customer service at 1-800-525-7417.
In August 2021, BMW had to issue two separate recalls over issues that posed safety risks to drivers. In the first, a software problem was thought to be affecting the brake assist in more than 50,000 BMW cars and SUVs. The BMW brake assist may fail to function in certain conditions, making braking harder and increasing stopping distances, the automaker warned.
In the second, BMW recalled more than 21,000 vehicles, including several 2021 models, as well as the Toyota Supra, for a defective safety belt component that may affect the ability of owners to correctly install car seats in certain vehicles. The automatic locking device on the safety belt retractor may malfunction in vehicles manufactured between Nov 30, 2020, and Feb 12, 2021, the recall notice explained.
Do you own a BMW? Let us know if you’ve experienced any issues in the comments section below
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CONSUMER ALERT: Parked BMW’s Catching On Fire Moore Law Firm –
CONSUMER ALERT: Parked BMW’s Catching On Fire Share this post
More and more news organizations around the world are reporting on BMW’s randomly catching on fire while parked.
Numerous of videos over the internet have sparked concern for the owners of the five million BMWs that are currently on the road. The videos are all similar in nature; a parked BMW is seen with smoke permeating the hood of the car, and within minutes, the car itself is engulfed in flames as locals and fire officials attempt to put them out.
ABC News has spearheaded the investigation into these incidents and has aired on Good Morning America, World News Tonight with David Muir and Nightline.
From ABC News:
An account ABC News of a BMW owner who’s home was destroyed due to his vehicle catching on fire inside his family’s garage:
On the night of Dec. 1, 2015, however, Macko says his 2008 BMW X5 suddenly and inexplicably caught fire as it sat parked in his garage in Olney, Maryland. Macko’s wife had just returned from a short drive, parked the car and turned it off. She entered the house and told Macko she noticed a strange smell in the car, and when Macko walked into the garage to check it out, he arrived just in time to hear a “snap, crackle, pop” and see the car burst into flames. Macko and his wife ran from the house as the fire engulfed the garage and spread throughout both the lower and upper floors. Dozens of firefighters arrived to battle the blaze, and the Mackos watched, from a neighbor’s yard, as their home burned to the ground. “You cannot do a thing,” Macko said. “That’s the sad part about it.”
When pressed about the incidents, BMW responded coldly that they have “nothing to apologize for” and they “have not seen any pattern related to quality or component failure. Vehicle fires can result from a wide variety of external reasons unrelated to product defect.”
My car caught on fire randomly. Do I have product liability case?
Yes. Sellers are liable for the safety of the products they sell under what’s called “implied warranty of merchantability.” A car manufacturer is no different. If you have been harmed physically or suffered a tangible loss, you are well within your rights to file a product liability lawsuit in court.
Call the McAllen Product Liability Lawyers at Moore Law Firm Today
Moore Law Firm is a product liability law firm with their principal office is located in McAllen, TX. J. Michael Moore has been defending the rights of residents of the Rio Grande Valley for over 25 years.
Fire in BMW was not caused by faulty design, defense argued
On March 16, 2010, Jean Patrick drove home in her car, a 2007 BMW 328xi sedan, and parked in her garage. She saw smoke coming from the hood, and minutes later the car caught fire, resulting in substantial damage to the vehicle and to the home where she and her husband lived. Patrick had leased the vehicle in 2007 in new condition. She drove the car for three years without problems. The Patricks were reimbursed by their insurers for their losses, receiving about $1,329,999 for their home (about $850,000 for repair and reconstruction and the balance for salvage costs, temporary relocation, and other expenses), and $30,791 for the loss of the car. The insurers, plaintiffs Great Northern Insurance Co. and Pacific Indemnity Insurance Co., then filed a subrogation lawsuit against the BMW manufacturer and distributors, Enterprises d/b/a Midwestern Auto Group d/b/a Midwestern BMW, BMW of North America, LLC, and Bayerische Motoren Werke AG. The lawsuit alleged that a design defect was the cause of debris accumulation in the car which ignited the fire. Specifically, the lawsuit alleged that the fire was caused by a design defect of the aluminum stiffener plate, an under-engine compartment cover meant to protect the engine and provide stability on four-wheel drive BMW vehicles. The defect, according to the lawsuit, allowed for the accumulation of combustible debris too close to hot exhaust components. The insurers attempted to show that changes made to the stiffener plate on subsequent BMW models was proof of the feasibility of changes to the design, which would prevent the accumulation of combustible debris in portions of the under-engine compartment cover and their ignition when exposed to heated portions of the engine. The plaintiffs’ expert in engineering opined that the lower stiffening plate was defective because it trapped combustible materials, which would accumulate near the catalytic converter and exhaust pipes, causing the fire. The expert stated that a safer, alternative design would have openings for egress and ingress of combustible materials, among other changes. The alternative design was not only feasible but the benefits would outweigh any fire risks. The defendants did not contest that the fire began in the car’s engine compartment and was caused by the combustion of leafy material. However, the defense did contest how the material got into the compartment. Specifically, the defendants argued that it was impossible for debris to collect on the stiffener plate in the manner advanced by plaintiffs’ engineering consultant, and denied that the stiffener plate was defective as designed. The defense pointed out that the carcass of a dead squirrel was found in the under carriage of the BMW when it was inspected at a claims facility, where it was towed after the fire. Moreover, the defendants argued, if the theory of design defect was correct, given the millions of similar vehicles sold, there would be a record of other similar incidents, since such vehicles would also be exposed to conditions whereby debris might be accumulated and ignited. The defense also advocated for the utility of the stiffener plate as designed, including that it strengthened the front axle; reduced drag by guiding airflow underneath the vehicle; reduced vehicle emissions by allowing catalytic converters to reach operating temperatures more quickly; allowed the car to retain heat during breaks in operation so it could heat the passenger compartment more quickly; shielded the engine from fluid, spray, and grime; and reduced noise emissions. The defendants argued that plaintiffs’ alternative design, which would place holes in the stiffener plate, would reduce these benefits. The defendants also argued that no reasonable juror could find such a miniscule risk of one fire out of 1.8 million vehicles (or even 220,000 vehicles by plaintiffs’ count) outweighed these substantial benefits in fuel economy and aerodynamics. The defense summary judgment motions were denied and the design defect issues were allowed to proceed to a jury for determination of the factual contentions of the opposing parties.
Jury finds for plaintiffs in lawsuit over fire caused by BMW car
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BMW Recalls Almost 1M Cars Due to Risk of Engine Fires – Top Class Actions
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Most searched keywords: Whether you are looking for BMW Recalls Almost 1M Cars Due to Risk of Engine Fires – Top Class Actions Don’t Miss Out! Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join! Read About More Class Action … BMW is recalling 917,106 vehicles, many for the third time, over fears a faulty heater could cause engine fires.
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CONSUMER ALERT: Parked BMW’s Catching On Fire Moore Law Firm –
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Summary of article content: Articles about CONSUMER ALERT: Parked BMW’s Catching On Fire Moore Law Firm – … the world are reporting on BMW’s randomly catching on fire while parked. … are well within your rights to file a product liability lawsuit in court. …
Most searched keywords: Whether you are looking for CONSUMER ALERT: Parked BMW’s Catching On Fire Moore Law Firm – … the world are reporting on BMW’s randomly catching on fire while parked. … are well within your rights to file a product liability lawsuit in court. More and more news organizations around the world are reporting on BMW’s randomly catching on fire while parked. Numerous of videos over the internet have sparked concern for the owners of the five million BMWs that are currently on the road. The videos are all similar in nature; a parked…
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BMW Issues Recall for Fire Hazard | The Eichholz Law Firm
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Summary of article content: Articles about BMW Issues Recall for Fire Hazard | The Eichholz Law Firm BMW of North America has issued two recalls covering nearly 1 million vehicles. The recalls are for two separate issues involving fire risks, even when the … …
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BMW Fires | MLG Automotive Law | 949.581.6900
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BMW Engine Fire Accident & Property Damage Lawsuit Lawyers
According to a news report posted on abcnews.go.com, BMW has initiated another recall concerning dangerous engine fire risks. The fire recall is the 3rd time BMW has recalled its vehicles for engine fire dangers. This recall involves over 900,000 SUVs and sedans sold inside the United States. This engine fire recall, which was announced on March 3, 2022, involves several 1 Series, 3 Series, 5 Series, X5, X3, and Z4 motor vehicles manufactured and sold from 2006 through 2013. The ongoing engine compartment fire issue could lead to accidents and house fires. The U.S. National Highway Traffic Safety Administration stated in documents that there the defect could be an electrical short in the “positive crankcase ventilation valve heater.” This heater could overheat and lead to an engine compartment fire. According to the recall, the fire hazard occurs when the vehicles are being operated or while the vehicles are parked soon after a drive. BMW has reported that the vehicles may still be driven, but the recalled vehicles should not be parked in garages until repaired. BMW did not comment when the company was asked if engine fires had spread to homes or buildings. BMW also reported that when drivers smell smoke or burning plastic or see smoke emanating from the engine compartment, they are urged to pull the vehicle over, turn off the engine, and leave the motor vehicle. BMW is still working on a solution to the problem. U.S. BMW spokesperson Jay Hanson stated in an e-mail that the repair and a good parts inventory should happen by mid-2022. Affected vehicle owners will receive a letter concerning the recall around April 25, 2022. Most of the same motor vehicles were recalled back in 2017 and 2019 for the same engine fire issue. BMW documents state that any owners who had their automobiles repaired for this issue in previous recalls must have their vehicles repaired again. According to BMW, there have been eight reports of engine fires. Put Our Law Firm’s Over 38 Years Of Legal Experience To Work For Your Case! At Montlick Injury Attorneys, we fight hard and work hard for our clients. If you or a loved one have been injured by another’s negligent actions, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over years. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat. — Montlick & Associates, Attorneys at Law 17 Executive Park Dr NE Atlanta, GA 30329 (404) 529-6333 (800) LAW-NEED Hours: Open Today · Open 24 hours Plus Code: RMH6+38 Atlanta, Georgia, USA Directions
BMW Recalls Almost 1M Cars Due to Risk of Engine Fires
(Photo Credit: Jeppe Gustafsson/Shutterstock) BMW 3 Series, 5 Series, 1 Series, X5, X3, and Z4 Recall Overview: Who: BMW is recalling 917,106 vehicles, many for the third time. Why: The recall stems from fears a faulty heater in the positive crankcase ventilation system could cause engine fires. Where: The recall is effective nationwide. BMW is recalling 917,106 vehicles, many for the third time, over fears a faulty heater could cause engine fires. In a recall notice posted by the U.S. National Highway Transport Safety Agency (NHSTA), the company says it is recalling many of its 3 Series, 5 Series, 1 Series, X5, X3 and Z4 vehicles model years 2006 through 2013 because the heater for the positive crankcase ventilation (PCV) valve may short circuit. “An electrical short can cause the PCV valve to overheat, increasing the risk of a fire while driving, or soon after driving when parked,” the recall notice says. BMW Drivers May Notice Smoke, Plastic Burning Odor According to the company, the valve heater in the PCV system could have defects and “may not have been produced by the supplier to specifications,” which could, over time, lead to overheating. The recall notice says that drivers could get a warning of the issue through the illumination of the Malfunction Indicator Lamp. It adds that smoke may be noticeable from the area near the engine compartment and a plastic burning odor may also be noticeable. This recall expands on two previous NHTSA recalls 17V-683 and 19V-273, for the same issue, which remained unresolved. The company says the fix for the problem is currently being developed. Owner notification letters are expected to be mailed Apr. 25, 2022. Owners may contact BMW customer service at 1-800-525-7417. In August 2021, BMW had to issue two separate recalls over issues that posed safety risks to drivers. In the first, a software problem was thought to be affecting the brake assist in more than 50,000 BMW cars and SUVs. The BMW brake assist may fail to function in certain conditions, making braking harder and increasing stopping distances, the automaker warned. In the second, BMW recalled more than 21,000 vehicles, including several 2021 models, as well as the Toyota Supra, for a defective safety belt component that may affect the ability of owners to correctly install car seats in certain vehicles. The automatic locking device on the safety belt retractor may malfunction in vehicles manufactured between Nov 30, 2020, and Feb 12, 2021, the recall notice explained. Do you own a BMW? Let us know if you’ve experienced any issues in the comments section below Don’t Miss Out! Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join! Read About More Class Action Lawsuits & Class Action Settlements: We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter. Email * Country * United States Canada United Kingdom Other CAPTCHA Comments This field is for validation purposes and should be left unchanged. Δ Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out. Related Posts
CONSUMER ALERT: Parked BMW’s Catching On Fire Moore Law Firm –
CONSUMER ALERT: Parked BMW’s Catching On Fire Share this post More and more news organizations around the world are reporting on BMW’s randomly catching on fire while parked. Numerous of videos over the internet have sparked concern for the owners of the five million BMWs that are currently on the road. The videos are all similar in nature; a parked BMW is seen with smoke permeating the hood of the car, and within minutes, the car itself is engulfed in flames as locals and fire officials attempt to put them out. ABC News has spearheaded the investigation into these incidents and has aired on Good Morning America, World News Tonight with David Muir and Nightline. From ABC News: An account ABC News of a BMW owner who’s home was destroyed due to his vehicle catching on fire inside his family’s garage: On the night of Dec. 1, 2015, however, Macko says his 2008 BMW X5 suddenly and inexplicably caught fire as it sat parked in his garage in Olney, Maryland. Macko’s wife had just returned from a short drive, parked the car and turned it off. She entered the house and told Macko she noticed a strange smell in the car, and when Macko walked into the garage to check it out, he arrived just in time to hear a “snap, crackle, pop” and see the car burst into flames. Macko and his wife ran from the house as the fire engulfed the garage and spread throughout both the lower and upper floors. Dozens of firefighters arrived to battle the blaze, and the Mackos watched, from a neighbor’s yard, as their home burned to the ground. “You cannot do a thing,” Macko said. “That’s the sad part about it.” When pressed about the incidents, BMW responded coldly that they have “nothing to apologize for” and they “have not seen any pattern related to quality or component failure. Vehicle fires can result from a wide variety of external reasons unrelated to product defect.” My car caught on fire randomly. Do I have product liability case? Yes. Sellers are liable for the safety of the products they sell under what’s called “implied warranty of merchantability.” A car manufacturer is no different. If you have been harmed physically or suffered a tangible loss, you are well within your rights to file a product liability lawsuit in court. Call the McAllen Product Liability Lawyers at Moore Law Firm Today Moore Law Firm is a product liability law firm with their principal office is located in McAllen, TX. J. Michael Moore has been defending the rights of residents of the Rio Grande Valley for over 25 years.
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BMW Korea apologizes as 27 vehicles catch fire over January-July
SEOUL (Reuters) – BMW’s BMWG.DE South Korean unit apologized over a spate of engine fires, estimated by the country’s transport ministry at 27 over January to July, that has prompted a government probe and a major backlash from consumers.
BMW said it will launch a recall of 106,000 diesel vehicles, including the 520d, starting from Aug. 20, citing defects in the exhaust gas recirculation system as the root cause of the fires.
“For the recent series of fire incidents happened in the country, we sincerely apologize for causing worry and anxiety among people and government authorities,” BMW Korea Chairman Kim Hyo-joon said at a press conference on Monday.
BMW, the second-most popular foreign carmaker in South Korea, said it had learned of the problems in 2016, but it identified the root cause of the problem in June this year.
The automaker has announced a “technical campaign” in Europe, followed by recalls in South Korea, citing similar failure rates of the system in both regions.
South Korea’s transport ministry said it has urged BMW executives to cooperate in the ongoing probe, saying they were falling short of submitting related documents. The government launched the probe into the affected models on July 16.
Last week, Transport Minister Kim Hyun-mee said the country would investigate the case in a “thorough and transparent manner” and take legal action if needed.
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A total of 13 South Korean owners of BMW vehicles filed a class action lawsuit against the German automaker on Friday, claiming compensation worth 5 million won ($4,447.13) each, saying they could not drive their cars out of fear the faulty part could catch fire, Yonhap News Agency reported.
BMW, which trails only Mercedes in imported car sales in South Korea, saw sales more than double to 59,624 vehicles last year, from five years ago.
Driven by South Korea’s free trade deals with Europe and the United States, foreign car makers’ share of the domestic market had risen to 15 percent last year, from under 1 percent in 2001.
South Korea is a relatively small market, ranking 11th in global auto sales, but is a major market for lucrative, premium vehicles and is currently dominated by Hyundai Motor 005380.KS and Kia Motors 000270.KS.
($1 = 1,124.3200 won)
BMW Issues Recall for Fire Hazard
BMW of North America has issued two recalls covering nearly 1 million vehicles. The recalls are for two separate issues involving fire risks, even when the car is not in use.
Model years range from 2006-2011, and include 3-Series, 5-Series, 128i, X3 and X5 vehicles. These cars have been known to have overheating issues, resulting in fires.
An ABC News Investigation found that more than 40 vehicle fires have occurred, and 12 of which involved models included in the recall.
With 5 million BMW’s on U.S. roads, this recall impacts a large amount of drivers. 80,000 vehicles in Canada have been recalled, as well.
BMW Models Included in the Recall
The first recall involves the PCV Valve (positive crankcase ventilation) and covers over 740,000 cars. Models included: X3, X5, and Z4 from 2007-2011; and the 328i, 525i, 528i, 530i models.
The second recall involves wiring in the climate control system that can cause overheating. This recall includes the BMW 3 series models from 2006-2011, and 335is from 2007-2011. 323i, 325i, 325xi, 328i, 328xi, 330i, 330xi, 335xi from 2006-2011 are also included.
Dealers will fix your vehicle for free, beginning December 18th. To see if your car is included you can visit the NHTSA website and enter in your VIN number.
Man sues BMW Canada for $2M alleging defect caused highway fire
A man from Cambridge, Ont. is suing BMW Canada for $2 million after his vehicle caught on fire on the highway in May 2015.
David Batey said he was driving from Cambridge to Niagara Falls three years ago when his car, a 2008 335xi BMW Coupe, caught fire.
“All of a sudden, an orange flame and black smoke emanates from the right front wheel well,” said Batey. “I’m going, ‘Oh my God,’ and I’m literally getting out of a car that’s on fire.”
Batey said a nearby FedEx driver called 911.
“I couldn’t even reach my then-Blackberry,” he said. “I just kind of stood with her and watched my car literally go up in flames.”
Batey said his car was eventually extinguished and towed. He said his insurance company compensated him for the car and provided a “small amount” for wage recovery.
Vehicle listed for recall
Two years later, in March 2017, Batey decided to sue BMW Canada, alleging they used defective components in manufacturing his car.
The suit alleges BMW allowed the vehicle to be sold, creating a dangerous situation that could cause injuries.
Batey and his wife, Sue Brame, filed a statement of claim against BMW Canada and Stuart Budd & Sons, a dealership in Oakville, Ont. Brame is suing for an additional $250,000.
In November 2017, BMW made an international announcement recalling 1.4 million vehicles worldwide for risk of fire.
David Batey said the accident coincidentally happened close to the anniversary of his childhood home burning down 40 years earlier. (Submitted by David Batey) Batey’s car model, a 335xi Coupe, was one of the 15,000 vehicles in Canada listed for recall for the driver’s front air bag module and a blower regulator wiring harness, which could cause fire if it produces too much heat.
In BMW Canada’s statement of defence, the company denied all claims and stated, “all relevant parts and workmanship of the vehicle were reasonable, appropriately safe, or merchantable quality and fit for their intended purpose.”
The company stated the fire in Batey’s case was caused by negligence and that Batey failed to maintain the vehicle and make sure it was in good working order.
BMW Canada’s defence also says there was a “spoliation of evidence,” where “BMW Canada has been deprived of any opportunity to inspect the vehicle.”
“They’re saying we can’t test the car because it was scrapped,” Batey said. “Well it was on fire and there wasn’t much for it to be able to test.”
Stuart Budd and Sons denied the allegations in their statement of defence, and said they had no knowledge of some of the claims. They also said Batey was negligent.
Crash triggered anxiety, man says
Batey said the accident coincidentally happened close to the anniversary of his childhood home burning down 40 years earlier, when his family was living in Sault Ste. Marie, Ont. That has triggered anxiety, he said.
“It was the spark that rekindled old memories,” he said. “I have flashbacks all the time. I’m seeing my physicians, being prescribed this and that to keep my life in check.”
Batey’s statement of claim says the trauma from the accident compromised his ability to earn money.
Léa Manocchio and Vito Mucciacciaro said they found out their car was on fire when a neighbour knocked on their window. (CBC) The statement of claim, filed by his lawyer Daniel Michaelson, says Batey suffered “serious and permanent impairments of important physical, mental and psychological functions” and as a result of the accident, his “ability to work and earning capacity has been permanently impaired.”
“All of this is coming from literally getting out of a car that’s on fire,” Batey said.
The statement of claim also reads that Batey has “has incurred the loss of past and future income” and will “lose future employment income, benefits and pension.”
Michaelson said the parties will now proceed to the “discovery stages,” which is finding evidence to go to trial.
9 complaints since 2004: Transport Canada
In July 2016, a couple who lives in St. Leonard, Que., had their BMW truck, an X3 XDrive 28 model, catch fire in their driveway.
“My wife came out, and when she opened the door, she just saw smoke, and then a flame just went off,” said Vito Mucciacciaro, the former owner of the truck.
Léa Manocchio can’t shake the memory of running to the window and seeing her car on fire. ‘Sometimes I wake up and go check if the other car is okay,’ she said. (CBC) After firefighters dealt with the incident, Mucciacciaro’s insurance company, La Capital, sent the car to a third party, ProLad Experts, for investigation.
In their report, Prolad Experts said the responsibility for the fire fell upon BMW Canada, as the manufacturer.
According to Transport Canada, there have been nine complaints reported to their Defect Investigations and Recalls division regarding fires in the BMW 3-series, since 2004.
George Iny, the director of the Automobile Protection Association (APA), said he had heard of “several” complaints about BMW vehicles catching fire.
“We’re aware of fires with property damages involving those BMWs,” Iny said, stating they came from Ontario, Quebec and B.C.
Mucciacciaro’s vehicle was later listed for recall in 2016. He said he was compensated by his insurance company for his truck at market value, which in his opinion, was not an adequate amount because of how infrequently he drove the vehicle.
He said he tried to get compensation from BMW Canada, saying the fire was due to a manufacturing defect, but the company declined.
“They didn’t do anything for me … At the end, not even an, ‘I’m sorry,'” Mucciacciaro said.
Customer safety a priority, BMW says
Batey said he was also frustrated by the amount of time BMW Canada took to respond to him.
George Iny, from the APA said this particular case has “lingered.”
“There were claims of these cars catching on fire. Initially, our sense was BMW was slow to react,” Iny said.
Iny said after the recall was issued by BMW in 2017, dealers were “diligent to get those parts replaced — as a rule.”
In an email statement to CBC News, Marc Belcourt, BMW Canada’s director of corporate communications, wrote, “Customer safety is our number one priority. In the event a vehicle is subject to recall, we notify customers with affected vehicles in compliance with Transport Canada regulations.”
BMW Canada stated they are “unable to comment” on David Batey’s case because the “matter is currently in litigation.”
In terms of Mucciacciaro’s car, the company said the matter was already resolved with his insurance company and they “are not in a position to discuss the details.”
MLG Automotive Law
Newport Beach, California (May 17, 2017) – MLG Automotive Law has launched an intense investigation into a rash of BMW fires that is sweeping the nation. On March 6, 2017, the boutique automotive law firm filed a civil lawsuit on behalf of 36-year-old Southern California resident Mona Shaikh, (Mona Shaikh v. North America, LLC; Case No. 30-2017-00907035-CU-PL-CJC), after her BMW caught fire in the parking garage of her apartment building.
Since then, news reports have swirled about new and near-new BMWs spontaneously igniting while parked, burning down houses, causing other cars to catch fire, and destroying personal property. Fires have been reported in California, Maryland, North Carolina, Massachusetts and Texas.
“BMW is dismissing any responsibility for its cars burning down,” said Jonathan Michaels, the managing partner of MLG Automotive Law. Michaels continued, “Ms. Shaikh’s car was under warranty, had been regularly serviced, and burned to the ground while parked, leaving her stuck having to continue to pay for her new BMW, yet without a car.” BMW’s shameless response was to offer her $1,000 for the loss of her $35,000 car. Undaunted by BMW’s lack of corporate responsibility, Michaels stated, “We will be taking Ms. Shaikh’s case to trial.”
This is not MLG’s first battle against BMW. In 2016, the group of “Super Lawyers” filed a nationwide class action against BMW for its i3 electric vehicles. In that lawsuit, MLG alleged that the i3’s Range Extender feature causes the vehicle to greatly decelerate when activated, leaving the driver with a sudden and dangerous loss of power. The case, Rollolazo et. al. v. BMW of North America, LLC, Case. No. 8:16-cv-00966-BRO-SS, is pending in U.S. District Court in Los Angeles. The Federal Court has twice denied BMW’s motion to have the entirety of the lawsuit dismissed.
MLG is now launching a nationwide probe into the BMW fire epidemic, seeking to establish a class action lawsuit against the German automaker. If anyone has information about BMW fires, they are urged to contact MLG for further investigation.
ABOUT MLG AUTOMOTIVE LAW
Located in Newport Beach, California, MLG Automotive Law is a full-service business law firm, concentrating on representing the legal interests of businesses and people in the automotive industry. Its clientele includes car dealers, high performance manufacturers, motorsports personalities, race teams, car collectors and automotive associations. Follow MLG Automotive Law on Facebook, LinkedIn and Twitter.
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