Mercedes-Benz recently announced the recall of about 750,000 vehicles because the glass from the sunroofs could suddenly detach while a car is moving and create a road hazard. If you own or lease a Mercedes-Benz or other vehicle that has a defective sunroof, you should consult an experienced lemon law attorney.
The Backdrop
The recall of nearly three-quarters of a million Mercedes vehicles involve model-year 2001 through 2011 C-Class, CLK-Class, CLS-Class and E-Class sedans, wagons, and coupes. Although Mercedes claims it is unaware of any damage or injuries caused by the defective sunroofs, a sunroof that detaches while a car is in motion is a hazard for vehicles that are traveling behind.
The automaker attributed the problem to faulty bonding that attaches the sunroof glass to the roof of the vehicle. If the bonding fails, the glass could detach from the vehicle. Mercedes-Benz has instructed dealers to inspect and replace the sliding sunroof free of charge. Mercedes will begin notifying affected consumers on February 14, 2019.
Mercedes-Benz’s History of Sunroof Problems
This is not the first time Mercedes-Benz drivers have dealt with defective sunroofs. In 2018, Mercedes, and its parent company, Daimler AG, were hit with a class-action lawsuit in California over claims that panoramic sunroofs in certain Mercedes-Benz models spontaneously explode, shatter or crack. The lead plaintiff in the case claimed the sunroof in his 2015 GLA model suddenly shattered while he was driving, spraying the cabin with shards of glass.
In February 2019, the case was partially dismissed. The presiding judge dismissed claims that Mercedes was aware of the defect and had engaged in active concealment. However, the judge let the express warranty claim stand, finding that the plaintiff had plausibly alleged defects in material or workmanship. The judge also held that the plaintiff’s implied warranty claim was not time-barred because the sunroof defect existed within one year of when the vehicle was leased. At this juncture, the class-action is still working its way through the courts, so the resolution of this matter remains uncertain.
Why This Matters
Given the sheer number of vehicles involved in the recall and the pending class-action lawsuit, it appears that Mercedes sunroof problem may not be an isolated incident. Moreover, a defective sunroof — one that leaks, fails to open or close, or that spontaneously shatters – can impact the value and safety of a vehicle. If you own or lease a new Mercedes-Benz that has a defective sunroof that the dealer cannot or refuses to repair, the best way to enforce your rights is to contact California Consumer Attorneys, PC. Feel free to call us today for a free consultation with a lemon law professional: (833) LEMON-FIRM.
