— A California man has filed a BMW throttle control system lawsuit about cars that allegedly have throttle control defects that cause safety hazards due to the inability of the cars to accelerate properly.
Plaintiff Rodney Shively says BMW didn't tell him the truth about a leased 2013 BMW 328i concerning an allegedly defective throttle control system. Shively claims many BMW models going back to 2007 have throttle systems that cause the engines to lose power or accelerate without warning.
The plaintiff says his BMW 3-Series car hesitated when he pushed the gas pedal and then would suddenly accelerate, incidents that caused multiple trips to the dealership for repairs. Shively says the proposed class-action lawsuit will include other BMW owners who have experienced similar throttle problems.
The owner of a 2011 BMW 328i told the National Highway Traffic Safety Administration the throttle grew a mind of its own and caused the car to crash.
"The contact stated that while sitting idle at a traffic stop, he noticed that the vehicle would slowly surge forward autonomously. On one occasion, while driving into a garage, the vehicle abnormally accelerated and crashed into a pillar." - 2011 BMW 328i owner / Irvine, California
The lawsuit alleges BMW knew about the throttle problems yet chose to conceal the alleged defects that often arose after the warranty expired. Without a warranty, an owner has no choice but to pay for the repairs.
The BMW lawsuit alleges breach of implied warranty, fraudulent concealment, violations of the the Consumers Legal Remedies Act and false advertising laws.
CarComplaints.com has owner-reported complaints about multiple BMW models.
