Mercedes-Benz Lemon Law – Safety System Recall
Mercedes-Benz USA will recall hundreds vehicles whose defective airbag sensors could potentially injure child passengers.
The manufacturer’s Jacksonville, Florida-based branch notified the National Highway Traffic Safety Administration (NHTSA) on Aug. 3, 2018 they will recall 86 Mercedes-Benz CLA250 4Matic, 2018 Mercedes-Benz AMG CLA45 4Matic, and 2018 Mercedes-Benz CLA250 vehicles built between Jan. 10 and Feb. 3, 2018. The same issue affected 345 additional vehicles including the 2018 Mercedes-Benz E300, 2018 Mercedes-Benz E300 4Matic, 2018 Mercedes-Benz E400 4Matic, 2018 Mercedes-Benz AMG E43 4Matic, 2018 Mercedes-Benz E400 4Matic, 2018 Mercedes-Benz AMG E63S 4Matic+, and 2019 Mercedes-Benz CLS450 4Matic.
The affected vehicles use “occupant classification systems” in the seats that detect whether a child or adult is sitting in the seat, deploying or not deploying the airbags accordingly during a crash. A defect caused during a “supplier maintenance measure” affected the OCS’s calibration system, preventing it from properly determining the passenger’s size and weight. This can let the airbag deploy when a child is in the seat, increasing injury risk during a crash.
Mercedes-Benz stated in its recall chronology engineers identified a calibration problem in February 2018. They began their investigation and determined in May 2018 a child seat mounted on the passenger seat might not be detected properly. The company identified affected vehicles using production records and decided to issue a safety recall after determining a potential safety risk couldn’t be ruled out.
Mercedes-Benz USA will notify owners and dealers will replace the front passenger seat cushion free of charge. The recall is expected to begin October 3, 2018. Owners may contact MBUSA customer service at 1-800-367-6372. Mercedes-Benz owners can also visit the NHTSA’s website and enter their VIN to see if their vehicle is included in any recalls.
Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.
If the manufacturer fails to repair, replace, repurchase, or provide your recalled vehicle’s loss value, they are violating the warranty and a lawyer may be able to help you. Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.
LemonLawUSA.org is sponsored by Lemon Law Lawyers Allen Stewart P.C.