‘Too Dangerous to Drive’: 2010

Sep 16, 2023

by Corrado Rizzi

Last Updated on February 15, 2023

Filed: February 10, 2023 ◆§ 1:23-cv-00636

A proposed class action alleges a number of 2010-2022 model year Mercedes-Benz vehicles have subframes that can prematurely rust or corrode "from the inside out."

Mercedes-Benz USA, LLC Mercedes-Benz Group AG

Magnuson-Moss Warranty Act Florida Deceptive and Unfair Trade Practices Act New Jersey Consumer Fraud Act Georgia Uniform Deceptive Trade Practices Act Missouri Merchandising Practices Act Michigan Consumer Protection Act Massachusetts Consumer Protection Law Rhode Island Deceptive Trade Practices Act

Georgia

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A proposed class action alleges a number of 2010-2022 model year Mercedes-Benz vehicles have subframes that can prematurely rust or corrode "from the inside out," leaving the critical component "structurally unstable and prone to failure."

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The 150-page lawsuit out of Georgia explains that a subframe attaches to a vehicle's frame/chassis on the back undercarriage and provides stiff mounting points for the car's suspension and driveline components. The rear subframe must be "stiff and resilient" as it's crucial to securing a vehicle's rear suspension and rear wheels to the car, the filing says.

According to the complaint, a defect allows water and salt to collect on the interior of the Mercedes subframes at issue and corrode the frame from the inside out, making the damage difficult for a mechanic to detect during a routine inspection. The subframes, which should last the life of a vehicle without replacement, may have also been treated with an "inadequate type or amount" of rust coating, the case claims.

The complaint says the Mercedes subframe defect can harm the drivability of affected vehicle models and cause brake lines, suspension springs, the rear axle and the exhaust system to corrode severely and prematurely, especially near the attachment points for suspension components such as control arms, the main stabilizing force of a vehicle's suspension. According to the suit, a corroded rear subframe is likely to crack when a driver hits a pothole or needs to brake suddenly and can cause the vehicle's rear suspension to become destabilized.

If a Mercedes subframe, also called a suspension cross-member or axle carrier, fails entirely, it can cause a driver to suddenly and unexpectedly lose control while driving, the suit states. When this happens, the rear of a vehicle can fishtail, especially while braking; the vehicle can suddenly veer to one side, potentially into another lane of traffic; or the driver could completely lose control of the car, the case says.

"The defective subframes in the Class Vehicles pose a material safety risk, and therefore render the vehicles unfit for their intended purpose," the suit alleges, noting that the problem has led authorized Mercedes dealers and independent mechanics alike to advise owners and lessees to not drive their vehicles, especially at high speeds. "Many Class Vehicle owners are therefore left with vehicles too dangerous to drive, especially at typical highway speeds."

According to the case, the vehicle models affected by the subframe defect include, but may not be limited to, the 2010-2022 Mercedes-Benz C-Class, 2010-2022 Mercedes-Benz E-Class, 2010-2015 Mercedes-Benz GLK-Class, 2010-2022 Mercedes-Benz G-Class, 2010-2022 Mercedes-Benz CLS-Class, 2010- 2020 Mercedes-Benz SLK/SLC-Class, and 2010-2022 Mercedes-Benz SL-Class.

The filing says Mercedes has been aware of the subframe rust problem since at least 2009. In the past, the suit claims, Mercedes has "disavow[ed] all knowledge of the problem" in response to customers who have complained, refusing to reimburse drivers for repairs that can typically cost anywhere from $3,500 to upward of $7,000.

According to the lawsuit, Mercedes did not send notice to affected vehicle owners of the subframe problem until February 10 of this year, two months after receiving a "notice of intent to sue" from the plaintiffs. The automaker's notice was insufficient to warn drivers of the serious safety risks posed by rear subframe corrosion, the filing contends.

Further, the warranty extension program recently announced by Mercedes fails to adequately reimburse drivers for their economic damages, the suit contests.

The lawsuit looks to cover all United States residents who are current or former owners of any of the Mercedes-Benz vehicles listed on this page.

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Corrado Rizzi is the Senior Managing Editor of ClassAction.org.

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