August 1, 2007

U.S. law firm files class action suit regarding Lexus airbags

Fort Lauderdale, Florida – The law firm of Sheldon J. Schlesinger, P.A. has filed a class action suit against Lexus USA Inc., Toyota Motor Sales USA Inc., and others, claiming that Lexus failed to correct problems with the front passenger airbag system in thousands of 2007 Lexus ES350 automobiles.

Attorney Scott P. Schlesinger said he filed the suit in Florida’s Broward County Circuit Court last week, on behalf of Arnold Rosen of Boca Raton, and a number of other Lexus ES350 owners. The suit claims that the sensor under the front passenger seat of all ES350s does not work properly in some situations, and may fail to trigger the front passenger airbag in the event of a collision.

The suit further alleges that Lexus has refused to correct the problem. “The defendants have indicated that they do not have a solution for the defect,” the suit says. “By equipping their vehicles with the defective airbag occupant classification sensor systems, defendants have breached their expressed and implied warranties in violation of Florida law. The defendants continue to sell and lease the defective vehicles despite their awareness of the defect and the dangers posed by that defect.”

At issue is the airbag system, and specifically its airbag occupant classification sensor. The suit alleges that the ES350’s sensors, which are supposed to arm the passenger airbag when they detect the presence of a passenger, are defective and often do not detect the passenger. The suit claims that ES350 owners from around the country have complained about the system, and some have filed complaints with the National Highway Traffic Safety Administration (NHTSA).

The suit wants Lexus to recall and repurchase the ES350s at their full cost; wants full refunds for those who have leased their vehicles; wants the cars refitted with functioning airbag systems; and has also asked for compensatory damages for all costs and loss of value.

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