Fri. May 24th, 2024

USA class action against Ferrari and Bosch: braking defects

By ki0nk Mar22,2024
News

The case known as “Nechev v. Ferrari North America Inc.” will be brought before the court in San Diego for a decision. The plaintiff claims that Ferrari was aware of a problem with the brakes, but the company did not take adequate measures to remedy the issue.

The prancing horse manufacturer is being accused of not having fixed a “dangerous safety-related defect” in the brakes of some of its automobiles, despite the fact that it has issued repeated recalls. A class action lawsuit has been filed against Ferrari in the United States.

Report lodged against Ferrari in the state of California

If the prosecution is to be believed, Ferrari would have been aware of the braking problem, and the recalls would have been nothing more than a kind of “temporary corrective” measures. As a result, thousands of Ferrari owners would have been driving vehicles that were unsafe. The case for a class action was submitted to the federal court in San Diego, California, on Monday, March 18th.

In his claim, Iliya Nechev asserts that his Ferrari 458 Italia, which he purchased in the year 2020, has been experiencing “brake problems” from the very beginning and has “experienced a partial or total loss of braking ability.” The lawsuit states that “on one occasion, the plaintiff was driving down a hill at approximately 50 miles per hour and while preparing to make a 90-degree right turn, the plaintiff hit the brakes,” but the automobile did not slow down because the pedal was hard. The plaintiff was going down the hill. As a result of the absence of pressure on the brakes, Iliya Nechev explains that he was able to deal with the situation by downshifting in order to slow down. Nechev then went to the dealer who had sold him the Ferrari, but the luxury auto dealer responded by saying that an issue of that nature was entirely consistent with the industry standard.

Recalls issued by Ferrari all over the world

In October 2021, Ferrari North America reportedly discovered a problem with brake fluid leakage, which could potentially threaten the vehicle’s ability to brake. This problem was discovered during a voluntary recall that was initiated. According to the claims made in the complaint, Ferrari carried out a more extensive recall in the year 2022, which included automobiles from Germany, China, and Japan.

In addition, the complaint describes Robert Bosch GmbH as the producer of the components that were found to be defective. Robert Bosch GmbH, a German multinational corporation, is in the business of manufacturing automobile components and has agreements with the majority of the automobile manufacturers in the world.

Ferrari is being accused of neglecting to advise customers of the full scope of the brake fault, which Nechev alleges could only be remedied by replacing the master cylinder. As a result, Ferrari is being accused of failing to inform customers. To the contrary, Ferrari allegedly continued “to sell, or benefit from the sale of, thousands of cars containing this potentially lethal defect,” as stated in the complaint.

Ferrari North America Inc. versus Nechev; the case

In the lawsuit known as “Nechev against Ferrari North America Inc.,” the San Diego court will be instructed to make a decision regarding the status of the well-known Ferrari 458 Italia, which is the subject of the dispute. This is the first essential point that will be brought before the court. From 2009 till 2015, that particular model of automobile was manufactured. In the year 2020, Nechev made the acquisition of a Ferrari from the year 2010. The first challenge that needs to be overcome is attempting to comprehend the state of that automobile that is ten years old. It is possible that Nechev’s anger would be directed on the dealer if the vehicle were to be sold without the necessary inspections.

A second issue that will be taken into consideration by the court is the recall of Ferrari automobiles in the United States of America and in other countries across the world. There are infrequent instances of automobile recalls; for instance, Tesla recently recalled more than two million vehicles following a recall that occurred previously. A total of 3.4 million vehicles will be recalled by Hyundai and Kia in the year 2023. In this particular instance, the prosecution will be required to demonstrate that the recalls were initiated in response to a genuine brake issue that Ferrari was already aware of.

Ferrari has been accused of failing to remedy a brake fault that affects two of its most popular supercars, according to a proposed class action complaint that has been launched against the famed Italian brand in the United States legal system.

An allegation that the 458 and 488 supercars manufactured by Ferrari are plagued by brake faults that have not yet been remedied is included in the proposed class action lawsuit that has been submitted to a district court in California against both Ferrari and the parts supplier giant Bosch.

Under the leadership of Iliya Nechev, the owner of a Ferrari 458 Italia, the California resident asserts that recent recalls initiated to rectify a flaw in the brake master cylinder have not been successful in addressing the several braking failures he has experienced while driving his supercar.

In 2021, Ferrari began recalling the 458 and its successor, the 488, after discovering that the brake reservoir fluid caps of the vehicle would not vent properly. This might result in a vacuum inside the master cylinder, which would cause the brakes to not perform properly. Ferrari initiated the recall process in 2021.

Mr. Nechev contends that he “came close to an accident several times” as a result of the fault, despite the fact that the official Ferrari store that serviced his supercar rejected his worries. Mr. Nechev purchased a used Ferrari 458 Italia in the year 2020.

In the complaint that Mr. Nechev filed, it is said that Ferrari was legally compelled to disclose the brake fault as a known safety defect, but the company did not comply with this requirement.

Additionally, the filing does not necessarily result in a class action lawsuit being filed against Ferrari. The District Court is responsible for determining whether the severity of the allegations warrants the automobile manufacturer to take additional measures to resolve the complaint.

In addition, certain models of the Ferrari 458 and 488 that were delivered to Australia were affected by the brake fluid reservoir cap problem, which was remedied in a recall that was initiated in May of 2022.

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By ki0nk

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