Consumers, represented by law firms Hagens Berman Sobol Shapiro LLP and Stein Mitchell Muse & Cipollone LLP, filed a class-action lawsuit today claiming that Hyundai (KSE: 005380.KS) Tiburon model years 2003 through 2008 contain a dangerous safety defect in its side air bag system.

According to the lawsuit, the alleged defect stems from Hyundai's placement of the Tiburon side impact sensor in a remote inboard location where it is unable to recognize many types of real world crashes in which an air bag should be deployed to prevent serious injury or death.

“This is a very serious and troubling defect from one of the world’s largest automakers,” said Steve Berman, Hagens Berman managing partner and one of the attorneys representing consumers. “Consumers rightly assume that air bags will deploy to protect them in the event of an accident, and we think Hyundai continued to design and sell Tiburons despite knowing of the defect."

The suit, filed Nov. 25, 2013, in U.S. District Court for the Central District of California, claims that Hyundai’s own testing established that the inboard location the company chose for the side impact sensor had difficulty detecting crash severity in simulated collisions, whereas a sensor on an exterior location on the B pillar of the vehicle provided a robust signal enabling the system to detect in a timely manner whether an air bag was warranted.

Hyundai manufactured and sold Tiburons with the allegedly defective side air bag system through 2008, when it discontinued the model.

“Instead of investing in its customers’ safety and fixing the problem, we believe that Hyundai ignored the problem, continuing to manufacture and sell defective vehicles, stopping only when the model itself was finally discontinued,”  said Ari Casper, of Stein Mitchell Muse & Cipollone, one of the attorneys representing the proposed class.

The suit accuses Hyundai of violations of the California Consumer Legal Remedies Act and California Unfair Competition Law, Breach of the Implied Warranty of Merchantability, and Fraudulent Concealment.

Consumers who purchased a Hyundai Tiburon and who would like more information can contact an attorney by calling Hagens Berman at 206-623-7292 or Stein Mitchell at 202-737-7777 in Washington D.C. They can also email [email protected].

More information, including the complaint is available at our Hyundai Tiburon case page.

About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at@ClassActionLaw.

About Stein Mitchell
Stein Mitchell Muse & Cipollone LLP is a premier nationally-recognized litigation firm based in Washington, DC serving businesses and individuals throughout the United States and abroad. The firm's practice areas include products liability, class action, commercial litigation, antitrust & trade regulation, congressional investigations, white collar criminal defense, False Claims Act & whistleblower, and medical malpractice & serious personal injury. www.steinmitchell.com

Hagens Berman Contacts
Media: Ashley Klann, Hagens Berman, 206-268-9363, [email protected]
Legal: Steve Berman, Managing Partner, Hagens Berman, 206-623-7292, [email protected]

Stein Mitchell Contacts
Media: Ellen Stuhlmann, Media Relations, Stein Mitchell, 202-661-0947, [email protected]
Legal: Ari Casper, Partner, Stein Mitchell, 202-737-7777, [email protected]