Putative Class Suit Claims Mercedes Fuel System Leaks
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Putative Class Suit Claims Mercedes Fuel System Leaks
Mercedes-Benz USA faces a suit in federal court in Newark claiming occupants of certain E-Class models face health risks due to gasoline vapor entering the passenger compartment.
Defects in the fuel delivery system of 2003 to 2009 E-Class models cause gasoline and vapor to leak into the car, according to the suit, which seeks class certification.
The complaint was filed in Bergen County Superior Court on Oct. 22 and removed to federal court by Mercedes-Benz on Dec. 10. The suit also names 15 Mercedes-Benz dealerships in New Jersey as defendants.
The suit says that gasoline vapor is a suspected carcinogen and that exposure can cause liver damage, harm a developing fetus or affect female fertility. The suit also notes that the fumes are a fire hazard because the class vehicles are sold with ashtrays and cigarette lighters. Because Mercedes-Benz has a reasonable expectation that occupants will smoke cigarettes, it has a duty to keep them safe from explosions, the suit claims.
Besides exposing occupants to gasoline vapor, owners of the class vehicles have reported finding liquid gasoline leaking outside the vehicle or into the passenger compartment, causing the interior seats to absorb gasoline, the suit claims. The National Highway Traffic Safety Administration has received more than 100 complaints about the smell of gasoline in the cabin or outside the car, the plaintiffs claim.
The class vehicles include the E320, E350, E500, E550, E55 AMG, and E63 AMG. The company issued a recall in 2008, but repairs that were made did not resolve the problem, the suit claims.
Similar suits are pending on behalf of E-Class owners in Georgia, Virginia and Texas, Mercedes-Benz said in a court document.
Read more: http://www.njlawjournal.com/id=12026...#ixzz3M5ZV1VGU
Defects in the fuel delivery system of 2003 to 2009 E-Class models cause gasoline and vapor to leak into the car, according to the suit, which seeks class certification.
The complaint was filed in Bergen County Superior Court on Oct. 22 and removed to federal court by Mercedes-Benz on Dec. 10. The suit also names 15 Mercedes-Benz dealerships in New Jersey as defendants.
The suit says that gasoline vapor is a suspected carcinogen and that exposure can cause liver damage, harm a developing fetus or affect female fertility. The suit also notes that the fumes are a fire hazard because the class vehicles are sold with ashtrays and cigarette lighters. Because Mercedes-Benz has a reasonable expectation that occupants will smoke cigarettes, it has a duty to keep them safe from explosions, the suit claims.
Besides exposing occupants to gasoline vapor, owners of the class vehicles have reported finding liquid gasoline leaking outside the vehicle or into the passenger compartment, causing the interior seats to absorb gasoline, the suit claims. The National Highway Traffic Safety Administration has received more than 100 complaints about the smell of gasoline in the cabin or outside the car, the plaintiffs claim.
The class vehicles include the E320, E350, E500, E550, E55 AMG, and E63 AMG. The company issued a recall in 2008, but repairs that were made did not resolve the problem, the suit claims.
Similar suits are pending on behalf of E-Class owners in Georgia, Virginia and Texas, Mercedes-Benz said in a court document.
Read more: http://www.njlawjournal.com/id=12026...#ixzz3M5ZV1VGU
Thread Starter
MBWorld Fanatic!
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From: Florida-Germany-New York
2004 E55,1969 300SEL6.3,2011 ML350 BlueTec Diesel,2005 ML400 CDI
This is as serious as a heart attack, or to put it in better perspective; you might say for MB it's like being a little bit pregnant. I suspect this action will be settled in relatively quick order.
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14 E63, 05 E55, 03 Evo 8, 08 F250, 06 R6R, 92 Talon TSI, and instability
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From: Noneya, Bidness
GLS, JKU
Yeah - filled up the tank before winter storage - horrible gas smell. Drove it a week later to burn off half a tank and after sitting for 3 weeks in the garage still stinks. Going into the dealer tomorrow for the 3rd time on my dime to get it fixed - hoping they meet me 1/2 way but I highly doubt that. Wish there was some pending action in Canada - but I guess that will revolve around what happens in the US.
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From: Florida-Germany-New York
2004 E55,1969 300SEL6.3,2011 ML350 BlueTec Diesel,2005 ML400 CDI
The best or nothing
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14 E63, 05 E55, 03 Evo 8, 08 F250, 06 R6R, 92 Talon TSI, and instability
On that very subject, I'm surprised the aftermarket has yet to catch on and offer an aftermarket solution to this. A new OEM tank costs $832 plus shipping. I'd be willing to pay that for a decent aftermarket tank that bolted right in and solved the issue.
