Los Angeles, CA: A defective automotive class action lawsuit has been filed against Subaru of America In, alleging the automotive manuafacturer knowingly sold vehicles containing a flaw that causes the cars to consume excessive amounts of oil.
According to the lawsuit, filed by Lead plaintiffs Keith Yaeger and Michael Schuler,
Subaru concealed from consumers the fact that certain Forester, Legacy, Outback, Impreza and Crosstek models have defective piston rings that prevent the engine from maintaining the proper level of oil and cause an abnormal amount of oil consumption, leading to engine failure and increasing the risk of accident.
"Not only did Subaru actively conceal the material fact that particular components within the class vehicles' engines are defective, they did not reveal that the existence of the defect would diminish the intrinsic and resale value of the class vehicles and lead to the safety concerns described herein,"the lawsuit states.
Yaeger and Schuler bought new Subarus in 2012 and 2013 respectively, after which they, independently noticed their new vehicles were consuming engine oil at an "unacceptable" rate. They were forced to add oil to their cars between Subaru's recommend engine oil change intervals in order to avoid engine failure, the complaint states.
Further, the lawsuit states that both plaintiffs took their vehicles to their Subaru dealerships for repairs, but despite extensive servicing, the Subarus continued to burn through oil rapidly.
The plaintiffs allege Subaru has known of the oil consumption defect in model years 2011-14 Subaru Forester 2.5L, 2013 Legacy 2.5L, 2013 Outback 2.5L, 2012-13 Impreza 2.0L and 2013 XV Crosstek 2.0L vehicles, for some time, through numerous complaints received from dealers and consumers through the National Highway Traffic Safety Administration.
Regardless, the suit states, Subaru actively concealed the defect from consumers. The company has also "routinely refused" to repair the vehicles without charge, according to the complaint.
Subaru updated its online information to acknowledge that certain vehicles run through oil quickly, but has not recalled the vehicles to repair the defect, offered its customers a suitable repair or replacement free of charge or offered to reimburse customers who have paid to repair the cars, the lawsuit states.
The putative class alleges violations of New Jersey and California consumer protection laws, breach of express warranty, common law fraud and more. The complaint asks the judge to certify a nationwide class of current or former owners or lessees of the affected vehicles, in addition to California, Florida and New Jersey state subclasses.
The lead plaintiffs are represented by Joseph G. Sauder, Matthew D. Schelkopf and Benjamin F. Johns of Chimicles & Tikellis LLP.
The suit is Yaeger et al. v. Subaru of America Inc. et al., case number 1:14-cv-04490, in the U.S. District Court for the District of New Jersey.
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About a year ago, my 2012 Subaru Outback blew a head gasket. I took it to the the closest Subaru in Riverside,CA where I was told 'sometimes this happens with all cars'. Had the work done costing $3200 which seemed high at the time. This happened at 85,000 miles which seemed like a low mileage for this to happen. Contacted Subaru America with no satisfaction. I have since discovered that Subaru knew of both of these issues for years before selling me the car. Since Subaru sold a known defective product they should be held entirely responsible.
Posted by Mike Silvia
2009 Subaru outback bought new. at 109k the timing belt was changed. Oil leaks noticed - said it would be about at 1000 dollar repair to have the head gasket done. - Refused the work. Otherwise I have really enjoyed this car since I purchased it in late 2008. Wondering now why Subaru has not come out with something with this design flaw in the boxer engine. My mechanic bluntly told me that show me a Subaru around this age that does not have an oil leak, and I will show you a mechanic with a surprised look on his face. No good.....
Posted by Elisabeth Muller
my 2010 Forester has also given me major problems. Last week, my engine blew due to the over consumption of oil. Subaru of America has been extremely unhelpful, even telling me that my car is 'not equipped' with warning lights, such as the oil light or check engine light. With labor, it will cost me about $4600 plus a few hundred more for a rental car. Before this car had 50 K miles on it, it went through two sets of catalytic converters. Time and again, SOA admits to nothing. I will never buy another Subaru. Anyone interested in trying to get the 2010 Foresters involved in a class action law suit?
Posted by Theresa Bartlett
have 2014 Forester had it serviced at 29,000 miles. went to Yellowstone for a week and as we are headed home thru Idaho the engine oil light comes on. My husband checks it and we are a quart low. I had just had it all checked out before we left and had gotten the class action suit information but had not had any problems. 29,000 and serviced and a quart low. I believe they should be replacing my vehicle.
Posted by Gord Stanford
I noticed the excessive consumption on my 2010 Impreza. Called 3 times while the car was under warranty and they wouldn't even book an appointment. I was just told that "all cars use oil."
I have to keep a keen eye on the level. I've had the car since approx 20,000 miles and it has been a continual problem. Now at 134,000 km.
Posted by nitacilf
I took my 2008 Subaru Outback in for routine service and was told the oil pan was leaking along with the head gaskets.
I then contacted 2 other service stations to discuss the problem and price i was quoted and was told that this is a common problem with Subaru.
I was wondering if its a common problem, my car only has 74,000. miles on it., why hasn't Subaru done something about it.
Also, I was told to do the timing belt and other things should be done at the same time, because they are going to go next.
I bought a Subaru because I was told they are great cars and last till over 250K miles. so why at 74K is this happening to them.
last summer I had to spend over 1000k because the gas pump had to be replaced. i was getting gas and it was all over the ground The whole unit had to be replaced.
I feel it the head gaskets is a major know problem shouldn't a recall been sent. Or shouldn't the company have to pay for this major repair?
Posted by David Rickmers
My 2010 Subaru Forrester suffered a blown engine when I ran out of oil.
I had my car serviced several times a year including oil changes and I don't understand how a car could run out of oil in the time in between.
My biggest issue with the car is that the oil light never came on.
There was an oil light on my dash that never did it's job.
The check engine light was the first thing to come on and that is too late.
I lost 4,600 bucks I still owed on it.
Posted by Lori C Jones
My 2012 Subaru Forester started abnormally burning oil around 100,000 miles. I have a case open with Subaru America since July and they ae now rebuilding the engine and they are covering the cost. I am concerned about loss of resale value because of this problem and about how the car will perform after the work is done. I am also concerned the work will be under warranty. I was not informed about the change of engine requirements for the oil needed to run it.when I bought the car.
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