Hagens Berman files class action against Hyundai

Over half a million Hyundai and Kia vehicles on the road today are at risk of spontaneously bursting into flames, according to a proposed class action recently filed in federal court in Santa Ana.

The alleged defect at the center of this product liability suit filed by consumer rights attorney Steve Berman of Hagens Berman Sobol Shapiro LLP affects popular models like Hyundai Sonatas and Kia Optimas, equipped with certain gasoline direct injection engines, according to the case filed last week. Flaherty v. Hyundai Motor Company, 18 CV02223 (C.D. Cal., filed Dec. 12, 2018).

More than 350 complaints about "non-collision" fires have been sent by owners to the National Highway Traffic Safety Administration, according to the complaint.

In response, Hyundai released a statement saying, "Hyundai actively monitors and evaluates potential safety concerns, including non-collision fires, with all of its vehicles and acts swiftly to recall any vehicles with safety-related defects."

"Hyundai and Kia are putting their own consumers in grave danger of spontaneous fires, loss of property and personal injury, and alarmingly they have also chosen to actively conceal the defect, failing to appear before Congress to answer questions," Berman said in a statement released last week.

After Congress asked the CEOs of Hyundai Motor Co. and Kia Motors Corp. to appear before them to answer questions about reports of engine fires in November 2018, they refused, Berman said.

Berman has been involved in multiple class actions, including a suit in the 1990s against tobacco companies that Hagens Berman's website says settled for a record $206 billion. He said he had never seen the CEOs of a company not show up to testify when requested by Congress.

"It sends a message to me: They are afraid to testify," Berman said Wednesday.

According to Hyundai's statement, in two separate actions in 2015 and 2017, the company recalled more than a million vehicles including 2011-2014 Sonatas and 2013-2014 Santa Fe Sports to address manufacturing issues that could lead to bearing wear and engine failure and "in certain circumstances the affected engines have caught on fire."

While Hyundai and Kia have yet to file a formal response to the suit, and the class is yet to be certified, Berman said he believes at least half a million vehicle ownerss are expected to be part of the class. The complaint alleges the problem affects the 2011-2019 Hyundai Sonata; 2013-2019 Hyundai Santa Fe and Santa Fe Sport; 2011-2019 Kia Optima; 2012-2019 Kia Sorento; 2012-2019 Kia Soul; 2011-2019 Kia Sportage.

One of the eight named plaintiffs from Georgia allegedly purchased a Sonata for his teenage daughter specifically because of the vehicles advertised safety features. However, last month the car's engine caught fire while his daughter was driving on the highway, the legal filing alleges. She pulled over to the side of the road and evacuated unharmed, the filing says.

An inspector later confirmed the vehicle's connecting rod bearing failed, resulting in it breaking and punching a hole in the engine, ultimately causing it to burst into flames as other Hyundai vehicles have in the past, according to the suit.

Berman seeks to recoup losses vehicle owners have suffered, including for repairs, car rentals, car payments, towing charges, and time off work.