New Details In The Subaru Forester, Outback Sudden Acceleration Lawsuit
There is an update in the lawsuit that claims 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, and 2015-2019 Subaru Legacy model year vehicles can suddenly accelerate without warning. A new report from Bloomberg Law (by subscription) says the vehicle's fuel pump causes the Subaru models to accelerate without the driver touching the gas pedal.
The report says Subaru of America (SOA) has failed to get the entire proposed lawsuit dismissed. The U.S. court in New Jersey ruled many of the claims could proceed. A recall for defective fuel pumps by SOA and Subaru Corporation didn't stop the class action lawsuit over vehicle stalling and acceleration problems.
But Judge Joseph H. Rodriguez said the Motor Vehicle Safety Act preempts the consumers' claim that Subaru conducted its recall negligently. The court ruled that many of the thirty-four vehicle owners' claims must be dismissed.
Subaru is among several automakers facing litigation over Denso Corporation's low-pressure fuel pumps used in the Forester, Outback, Legacy, and other models. The lawsuit states Subaru knew about or should have known about the fuel pump defect "after running countless tests and diagnostics throughout production, yet continued to manufacture, market, sell, and lease their vehicles without disclosing the defect to the public."
Several complaints have been reported with the National Highway Traffic Safety Administration (NHTSA) about speed control issues with some Outback and Forester models.
The plaintiffs claim when they take their cars to the Subaru retailer, they are told they cannot find any issue with the vehicles, and the car's computer indicates everything is working and there is nothing they can do to fix it. The Subaru Forester, Outback, and Legacy models share the same 2.5-liter Boxer engine in the model years that allegedly have the same sudden acceleration issues.
The Subaru models also use the same Denso fuel pump that is now allegedly the cause of the sudden and unintended acceleration issues.
What should Forester, Outback, and Legacy owners do?
Have your vehicle updated with the new fuel pump in the current recall campaign. You can check your Subaru recall and VIN lookup here.
If you own a 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, or 2015-2019 Subaru Legacy and have experienced sudden and unintended acceleration, you can report a safety issue with the NHTSA by going to their website or call 1-888-327-4236. Or you can submit your contact information, and an attorney from Berger Montague PC will be in touch to review your case further.
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Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.
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