Snapshot
- Action being taken by Maurice Blackburn Lawyers for owners
- Almost 200,000 vehicles thought to be involved
- Case lodged against Hyundai in Victoria, not yet against Kia
Hyundai and Kia are facing legal action in a Victorian court over a fault with the braking system in several popular models said to create a ‘fire hazard’.
As many as 194,808 cars could potentially be involved across a range of models, including the best-selling Tucson and Sportage SUVs.
Law firm Maurice Blackburn Lawyers has already lodged a class action against Hyundai with the Supreme Court of Victoria, and is preparing a similar case against fellow Korean car giant Kia.
Tucson Highlander
The Hyundai class action involves as many as 94,000 Tucsons with model years between 2014 and 2020, 124 Genesis G80 and G70 2018 models, 1200 Genesis models from 2014-2017, 21,943 Sante Fe (DM) models from 2015-2018 and ix35 models from 2014-2015, and a further 19,541 ix35 (EL) models from 2014-2015.
The proposed Kia case could involve almost 58,000 Sportages and Stingers manufactured between 2016 and 2019.
If successful, the action could see the two car companies paying out large compensation claims to thousands of owners.
Sportage SX+
Maurice Blackburn’s National Head of Class Actions, Andrew Watson, said the firm will allege Hyundai and Kia failed to comply with the guarantee of acceptable quality under the Australian Consumer Law, and engaged in misleading and deceptive conduct.
“This is a serious defect impacting hundreds of thousands of vehicles with potentially catastrophic consequences for vehicle owners and bystanders. Consumers expect that the vehicles they purchase will be safe to drive, safe to park in their garage, and free from defects which could result in the loss of life. Hyundai and Kia have failed to meet those expectations and must be held to account for putting unsafe vehicles on the road,” Watson said.
The ABS defect was identified in multiple safety recall notices issued by Hyundai and Kia, which stated that due to a manufacturing error, an electronic control circuit board may short circuit when exposed to moisture.
This gives rise to a risk of an engine compartment fire, even when the vehicle is turned off, which may cause injury or death to vehicle occupants and bystanders, as well as property damage to homes or other nearby flammable structures and buildings.
Vehicle owners must park their vehicles outside in an open space and away from houses, other buildings or materials which may be flammable, such as a garage or carport, to avoid the risk of a potential vehicle fire causing further damage or injury to occupants.
A spokesperson for Hyundai told Wheels: “Hyundai Motor Company Australia prioritises the safety of our customers. We take the safety and reliability of our vehicles seriously.
“We have always and will continue to stand by our products by providing our customers with the support they need. We are disappointed about the class action, but will consider the allegations carefully before commenting further.”
A Kia spokesperson added: “We are aware of a proposed class action by Maurice Blackburn Lawyers. However, we have not received any official notification on the matter and as such we will not be making any further comment at this time.”
Keyword: Hyundai facing class action over 'fire hazard' risk, Kia could follow