California
filing by Saltz Mongeluzzi Bendesky
P.C. files over roof-rail defect in 2019-2021
models
LOS
ANGELES, March 29, 2023 /PRNewswire/ --
Class-action lawyers at Saltz Mongeluzzi
Bendesky, P.C., yesterday filed the first lawsuit (
Fishkind v. Toyota Motor Sales, USA et al. No. Case 2:23-cv-02279) against
Toyota Motor Sales, USA, and
affiliated companies including Toyota Motor Corporation (TM:NYSE)
alleging the roof-rail systems on 2019-2021 RAV4 models are
defectively designed and manufactured. The defects result in
rampant leaks from the roof that have caused severe water damage in
the cabin, short-circuiting the SUV's electrical system, rendering
the vehicle unsafe and inoperable. Plaintiffs are filing under
consumer protection laws to hold Toyota responsible for its
failures to protect all impacted RAV4 owners.
Attorney Patrick Howard, of SMB,
and counsel to lead plaintiffs Todd and
Judith Fishkind, said following the filing here in federal
court, "Currently active retirees and involved grandparents,
plaintiffs thought they were purchasing the perfect, safe SUV in
their new, white 2019 RAV4. Instead, their 'dream' vehicle turned
out to be undriveable and unsafe all due to the preventable –
by simply using a heavier-duty, water-repellent assembly gasket -
roof-rail defect." Mr. Howard added, "As asserted in the complaint,
Toyota knew about this defect, concealed it from buyers like the
Fishkinds, and has now refused to cover the cost – in the thousands
of dollars – to make it right."
"We were so looking forward to car vacations, driving grandkids
to their games on weekends and after school," explained Mr.
Fishkind. "Instead, our RAV4 – with only 28,000 miles - has been
sitting on the dealer's lot awaiting repairs, including to the
water-logged air-bag units and electrical system - for months, and
Toyota's telling us we've got to pay for their design flaw that
caused the damage that has totally ruined our RAV4. We never even
used those roof rails. We are concerned about other unsuspecting
RAV4 owners being injured in an accident because their air bags
don't work or their car spontaneously shorts out due to a
preventable leak. This has got to be corrected."
The complaint also details how water seeped into the car's
electrical system – and the air bag assemblies - from the factory
original equipment faulty-roof rail channels. On models after
2021, according to the Complaint, Toyota replaced the thin, porous
washer with a thicker part and the problem seemed to vanish.
Besides ruining crucial safety equipment, water in the
2019-2021 models can also cause growth of organic material, such as
mold, to which the vehicle's occupants unknowingly may be exposed
and could also result in significant rust damage. Heading the
SMB legal team with Mr. Howard is class-action attorney
Simon Paris.
Contacts:
Patrick Howard / phoward@smbb.com /
215-575-3895
Simon Paris/sparis@smbb.com /
215-575 -3986
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SOURCE Saltz Mongeluzzi &
Bendesky