BMW Product Liability Lawsuit Reinstated
BMW Defective Tailpipe Suit Reinstated in New JerseyJuly 6, 2017
An appeals court in New Jersey has partly resuscitated a personal injury and product liability suit against BMW of North America. The plaintiff alleges that the burns he received from the extended tailpipe of his BMW SUV demonstrate that the part is dangerously defective.
The decision reverses a 2015 summary judgment in favor of BMW. The court, however, denied plaintiff Lee Goldberg’s claim that BMW had failed to warn consumers of the defect, as the company had included a reference to the heat of its vehicles’ tailpipes in their manuals.
The claim hinges on whether the tailpipe extends unnecessarily far beyond the vehicle’s rear bumper, thus creating a needless burn hazard.
The complex trial, which hinges in part on expert testimony, is ongoing.
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