A proposed class action claims certain GM vehicles contain defective airbags. Specifically, the complaint contends that because of defective design and manufacturing, defective airbag inflators installed in GM vehicles, the airbag modules “violently explode and rupture, shooting metal debris and shrapnel at occupants” during motor vehicle accidents.
The lawsuit, filed against GM and airbag inflator manufacturer ARC Automotive Inc., claims the defendants have known of the issue regarding hybrid inflators manufactured by ARC Automotive Inc. since at least July 2015. An ongoing National Highway Traffic Safety Association investigation has allegedly followed reports of ruptured inflators dispersing shrapnel, wounding or killing vehicle occupants. The proposed class representative, a New York resident, claims he would not have purchased his 2005 GM Envoy, or would have paid less for it, if he had known about the alleged defect.
The class action lawsuit seeks to certify a class of all vehicles purchased or leased in the United States that have hybrid inflators manufactured by ARC Automotive Inc. The complaint lists more than 100 vehicle models of FCA US, Ford, GM, Hyundai, or Kia it believes are affected.
The complaint asserts claims including fraudulent concealment, negligent misrepresentation, unjust enrichment, and breach of warranty. The lawsuit seeks remedies including damages and an order requiring defendants to replace the defective airbag modules or establish a repurchase program for class vehicles.
The case is Earl Wilson v. ARC Automotive, Inc. & General Motors, LLC, case number 2:22-cv-09432-AKH, in the United States District Court for the Southern District of New York.
