— Alleged Subaru acceleration problems have caused a class action lawsuit that alleges 2012-2018 Subaru Forester, 2015-2019 Subaru Legacy and 2015-2019 Subaru Outback vehicles have defects that cause sudden unintended acceleration.
One plaintiff says she purchased a new 2015 Subaru Forester in November 2014, but in December 2019 the vehicle allegedly suffered from sudden unintended acceleration.
The Subaru owner says she was driving slowly in a parking lot with her foot on the brake pedal, and as she was about to shift into PARK the Forester accelerated and hit a vehicle in front of her.
The plaintiff says she was afraid to drive the Forester following the incident, so she traded the vehicle for a fraction of what she paid for it.
Two plaintiffs (husband and wife) say they purchased a new 2014 Subaru Forester Limited in 2015, but in March 2020 the husband pressed the brake pedal to slow down and the vehicle allegedly accelerated. The driver lost control as the Forester hit a guardrail and overturned.
The vehicle was totaled and both plaintiffs were injured.
Another plaintiff purchased a new 2018 Subaru Forester in 2017, but in November 2019 while driving slowly into a parking space, the vehicle accelerated and crashed into a fence. The plaintiff says her foot was on the brake pedal when the vehicle accelerated, causing her to pay about $800 to repair the Forester.
The lawsuit says Subaru has known about alleged acceleration problems since at least 2011 because customers complain about unintended acceleration occurring even when the brake pedals are pushed to the floors.
The Foresters, Legacys and Outbacks allegedly have inadequate fault detection systems that don't anticipate "foreseeable unwanted outcomes, including unintended acceleration."
The throttle position sensor, throttle body assembly, powertrain control module and circuit board allegedly malfunction, and the brake override system doesn't override unintended acceleration.
The lawsuit alleges the Subaru acceleration problems cause unreasonable safety hazards to drivers, occupants and pedestrians. The automaker should have allegedly repaired the vehicles because warranty claims and dealer reports should have provided enough details about the acceleration problems.
The plaintiffs claim Subaru conceals defects that cause sudden unintended acceleration and the automaker has allegedly told dealerships to lie to customers by claiming the vehicles are operating normally.
Customers are allegedly told “no issues could be found” by dealer technicians, something "manufacturers can play on the consumers’ lack of technical expertise and avoid implementing potentially costly fixes for years, or at least until the vehicles are out of warranty."
Subaru dealers allegedly blame drivers for unintended acceleration by telling them the floor mats may cause acceleration problems, something the plaintiffs allege is a common practice in the auto industry.
The plaintiffs say Subaru hasn't recalled the vehicles because of acceleration problems and hasn't offered free repairs or replacements. In addition, owners and lessees allegedly aren't reimbursed for expenses related to acceleration problems.
The Subaru unintended acceleration lawsuit was filed in the U.S. District Court for the District of New Jersey: Weston, et al., v. Subaru of America, Inc., et al.
The plaintiffs are represented by Berger Montague PC, and Capstone Law APC.